Constructive dismissal resignation letter template

How you resign matters. Get the wording right — it could determine whether your constructive dismissal claim succeeds.

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Should I use ‘without prejudice’ in the letter?

No. ‘Without prejudice’ is for settlement negotiations. This is a formal resignation — you’re stating that the employer repudiated your contract and you accept. Don’t soften it with ‘without prejudice’.

Do I have to serve notice?

No. If your employer’s conduct is a repudiatory breach, you have the right to resign without notice. It’s legally risky — most people serve notice but reserve their rights in the letter. Take advice first.

Can I change my mind after sending this letter?

Once you resign, you have resigned — you can’t normally take it back. Don’t send the letter unless you’re certain you want to leave.

How long do I have to claim after resigning?

You must submit your ET1 within 3 months of the resignation (or 3 months of the last act in a series of breaches). Contact ACAS for early conciliation within that 3-month window.

Should I copy this letter to the tribunal?

Not yet. Keep it safe. You’ll include it as evidence with your ET1 when you file the claim.

Constructive dismissal resignation letter template

Last updated April 2026

Get advice before you resign

Constructive dismissal is one of the hardest claims to win. Once you resign, you cannot take it back. Take legal advice — or use Start My Claim to assess your situation — before sending this letter.

Copy this template and adapt it for your situation. Fill in the bracketed sections with your own details.

[Your name] [Your address] [Date] [Manager's name / HR Manager] [Company name] [Company address] Dear [Name], Resignation — Without Notice / With [X weeks'] Notice I am writing to notify you of my resignation from my position as [job title], effective [date — immediate if without notice / date notice expires]. I resign in response to [your employer's] fundamental and repudiatory breach of my contract of employment. Specifically, [your employer] has: [Set out the specific breach(es) — be precise and factual: eg. "On [date], without my consent, fundamentally changed my role by [details]." eg. "Subjected me to a sustained campaign of bullying and harassment by [name], which you have failed to investigate or address despite my written complaint of [date]." eg. "Unilaterally reduced my pay by [amount] on [date] without my agreement."] This conduct amounts to a breach of the implied term of mutual trust and confidence and/or [any other specific contractual term breached]. I accept [your employer's] repudiation of my contract of employment. I reserve all rights to pursue claims in the Employment Tribunal arising from this constructive dismissal. [If resigning without notice: "I resign with immediate effect. Your repudiatory conduct releases me from any obligation to work or pay notice."] [If resigning with notice: "I am serving [X weeks'] notice. I reserve all rights regardless of whether I work this notice period."] Please confirm receipt of this letter. Yours sincerely, [Your full name] [Date]

Copy this template and adapt it for your situation.

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Why Wording Matters for Constructive Dismissal

You must establish three things

1. Your employer committed a repudiatory (fundamental) breach of contract. 2. You resigned in response to that breach. 3. You did not delay unreasonably before resigning. Your resignation letter must make all three clear.

State the specific breach, the date it occurred, and how it amounts to a breach of the implied term of trust and confidence (or another contractual term). Say you are accepting the employer's repudiation. Avoid emotional language — stick to facts.

Do not say you are happy to discuss it. Do not resign for other reasons (you need ONE clear reason: the employer's breach). Do not apologise. Do not withdraw or soften your position. Once you send this letter, you cannot take it back.

Resign promptly after the breach. If you delay for weeks or months, the tribunal may think you accepted the breach and lost your right to claim constructive dismissal. If you continue working and accepting your pay, it looks like you accepted the situation.

How to Adapt This Template

Be specific about the breach

"Unfair treatment" is not enough. Set out exactly what happened: "You reduced my salary by £5,000 without notice or discussion on [date]" or "You assigned me to a completely different role without consultation, contrary to the terms of my contract" or "You failed to investigate my complaint of bullying by [name], despite my written complaint of [date]."

The phrase "I reserve all rights to pursue claims in the Employment Tribunal" is crucial. It makes clear that resigning is not accepting any settlement — it is a resignation due to breach.

If the breach is serious enough, resign without notice. The employer's repudiatory conduct releases you from your obligation to work or pay notice. However, this is risky — only do this if the breach is very serious. Otherwise, serve your notice period (but state in writing that you reserve your rights).

Keep proof of delivery

Send by email and recorded post. Keep receipts. You may need to prove you sent the letter and what date you sent it.

Should I use "without prejudice" in the letter?

No. "Without prejudice" is used for settlement negotiations. This is a formal resignation letter, not a negotiation. You are stating a fact: the employer repudiated your contract, and you accept. Do not soften it with "without prejudice."

No. If your employer's conduct is a repudiatory breach, you have the right to resign without notice. However, this is legally risky. Most people serve notice but state in the letter that they reserve their rights. Consult legal advice first.

Legally, once you resign, you have resigned. You cannot normally take it back. Do not send this letter unless you are certain you want to leave. Seek advice first.

You must submit your ET1 (tribunal claim form) within 3 months of the resignation (or 3 months of the last act of the breach if there was a series of breaches). In practice, contact ACAS for early conciliation within 3 months.

Not yet. Keep it safe. You will include it as evidence with your ET1 when you file your claim. Send it to the tribunal then, not before.

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Employment Rights Act 1996

GOV.UK Employment Tribunals