The best way to write a constructive dismissal resignation letter is to be very straightforward and unemotional. It should include the exact nature of the contractual breach that the employer made and the steps that have been taken to rectify the matter.
Only write a constructive dismissal resignation letter if it is felt that the employer has breached the contract of employment unfairly and that behavior is forcing a leave of position. In most cases, a person must be employed a minimum of 1 to 2 years before being eligible to claim constructive dismissal. When thinking of claiming a constructive dismissal resignation, there are several steps that must be taken in order to write the letter and ensure that the resignation is legal.
Before writing a constructive dismissal letter, file an official grievance with the employer. They will likely have a meeting with the employee to discuss the grievance.
If the grievance has been filed and the issue is still unresolved, then consider writing a constructive dismissal resignation.
When writing a constructive dismissal letter, it is very important to consult with an experienced employment law solicitor. Review the employment contract and discuss with them what ways the employer violated the contract.
Once the letter is given to an employer, a person has 3 months minus 1 day to attend an Employment Tribunal where claims will be heard and a judgment will be made over whether the grievance has grounds or not.