Resigning can feel like the only way out, but it closes off routes you might still have open. Here's what the law actually requires before you hand in your notice.
Being suspended from work is disorienting, especially if it came without warning. This guide explains what suspension actually means, your rights while it is in place, and the steps to take right now.
Employer-favourable
2018
A constructive dismissal claim based on accumulated conduct is tested against four questions: what was the last act, did the overall conduct amount to a fundamental breach, did you resign in response, and had you affirmed the contract?
Employee-favourable
2010
Once your employer commits a serious breach of your contract, the choice of whether to accept it or resign belongs to you, and the employer’s subsequent remedial steps cannot take that choice away.
Employer-favourable
1981
If your employer breaches your contract, continuing to work normally for too long without protest can extinguish your right to claim constructive dismissal.
Employee-favourable
1990
A single serious act of harassment is enough to ground a discrimination claim and, in some cases, a constructive dismissal claim. Your employer’s failure to investigate makes their position worse, not better.
Employee-favourable
1985
If your employer has been treating you badly over time, the cumulative effect of those incidents can support a constructive dismissal claim, even if no single incident was bad enough on its own.
Employer-favourable
1978
Resigning because of how you were treated can still be dismissal in law, but only if your employer actually breached your contract, not just behaved badly.
Employee-favourable
2002
If you were publicly humiliated, persistently undermined, or treated in a way that destroyed the working relationship, you may be entitled to resign and claim constructive dismissal. There is no minimum level of severity required.
Employee-favourable
2024
If you resigned because of how you were treated at work, you may have a claim for constructive dismissal. The law does not require a single dramatic act. A pattern of deliberate, unreasonable behaviour can be enough.
