Employees and employers owe certain duties to one another. Those duties may be express contractual duties referred to in the employment contract or a handbook or implied duties such as the duty of trust and confidence.
Where an employer treats an employee very badly and in breach of the duties they owe, then it is possible that the breach is “repudiatory” – in other words, it is so serious that the employee is entitled to resign and claim that they were effectively dismissed by the employer. If the employee does in fact resign as a result of the employer’s actions and does so promptly after the event being complained of, then the employee may be able to bring a claim for “constructive” unfair dismissal at employment tribunal.
You are strongly advised to take advice before resigning your position. You need to ensure that you would be in a position to claim constructive dismissal at employment tribunal and the wording of your resignation letter will be of fundamental importance. You should also be aware that constructive dismissal claims are notoriously difficult to win and you need to be advised fully on the potential weaknesses and strengths of your claim before taking any action.
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