# What to write in a resignation letter in a situation of constructive dismissal



## mango5 (Jan 2, 2014)

I'm advising a mate to keep things short and simple, perhaps mentioning willingness to take part in an exit interview rather than write a long and detailed letter which can seem very sarcastic at times.  There is of course, a risk that any exit interview will be hastily convened crisis management rather than part of a proper process but presumably such stated willingness doesn't have to be followed through.  I don't think the situation is going to be subject to any formal complaint or legal proceedings. 

I thought you lot might have some bright ideas of what to say.


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## Puddy_Tat (Jan 2, 2014)

If friend is seriously considering going down the 'constructive dismissal' path, then I'd say tread with great care, and preferably with advice from someone who knows what they are doing (e.g. union rep / branch officer).  I am a bit out of touch with such things but I seem to recall that to bring a constructive dismissal claim, you need at least to have tried to resolve the situation through the grievance procedure first.

And if you don't go about things in the right way, there's a risk of getting the case thrown out on a technicality.

And to be honest, if the employer is that much of a bunch of twunts, is any letter / interview really going to serve any useful purpose, or will this be the outcome?







By all means, it may be theraputic for friend to write the letter s/he would like to send, but then don't send it.

Then write the letter they are actually going to send, in which case keep it short, professional, and to the point.


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## cesare (Jan 2, 2014)

Dear [name]

I am resigning because of the conduct of the organisation. I have no choice but to resign in response to this breach. The conduct that fundamentally destroyed the mutual trust and confidence was [detail]. 

My last day of employment will be [date]. 

Yours sincerely

Etc


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## mango5 (Jan 2, 2014)

Yeah, thanks folks, that's what I've been saying. Very handy to have outside advice and lolz.


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## Puddy_Tat (Jan 2, 2014)

A few more thoughts -

does the organisation have some sort of 'whistle blowing' procedure?  I have worked for a company that had an internal ombudsman sort of thing and in theory we were supposed to contact their office if we were aware of anything seriously dodgy going on.  I never had any reason to consider going down that path, so have no idea how independent they are, or whether whistle-blowers were protected or thrown to the wolves.

Or is it the kind of environment where there is an external regulatory body (e.g. law society, care quality commission) - and if so is there the sort of thing that could be reported to them?

(I don't expect a detailed answer on here as I don't want to identify friend)

Has friend already discussed the situation with the union?

Is friend aware that if you resign from a job, you're generally considered 'voluntarily unemployed' by the DWP so will be sanctioned off the dole for a while (they might get a 'hardship payment' while this happens)

Ultimately, is the situation worth possibly destroying future prospects for?  Is friend in the sort of business where s/he's almost certainly going to meet the same people again in the future as potential bosses / clients?  And is there a risk of a less than constructive reference if s/he does make a fuss?


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## mango5 (Jan 2, 2014)

No issue about future prospects other than possible reputational stuff. Essentially mate was being bullied by colleagues and organisation has not protected them... for a year.  There's no grievance procedure though there is a draft 'code of conduct'   I'm keeping some stuff vague to protect the guilty.


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## cesare (Jan 2, 2014)

mango5 said:


> No issue about future prospects other than possible reputational stuff. Essentially mate was being bullied by colleagues and organisation has not protected them... for a year.  There's no grievance procedure though there is a draft 'code of conduct'   I'm keeping some stuff vague to protect the guilty.


The organisation's got problems if there's no grievance procedure because that's in breach of the ACAS Code. Also, the organisation shoots itself in the foot without one, because it doesn't provide for disputes to be resolved internally.


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## Puddy_Tat (Jan 2, 2014)

mango5 said:


> No issue about future prospects other than possible reputational stuff. Essentially mate was being bullied by colleagues and organisation has not protected them... for a year.  There's no grievance procedure though there is a draft 'code of conduct'   I'm keeping some stuff vague to protect the guilty.





I have a vague idea that employers (possibly those above a certain size) are required to have a grievance procedure.  Failing to have one could count in friend's favour if he does go down the constructive dismissal path.

Is friend aware that ACAS have a telephone line that any employee / employer can ring for advice?  It's anonymous at the 'initial chat' stage.


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## equationgirl (Jan 2, 2014)

ACAS helpline number:

Monday-Friday, 8am-8pm and Saturday, 9am-1pm: *08457 47 47 47.*


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## Buckaroo (Jan 2, 2014)

mango5 said:


> No issue about future prospects other than possible reputational stuff. Essentially mate was being bullied by colleagues and organisation has not protected them... for a year.  There's no grievance procedure though there is a draft 'code of conduct'   I'm keeping some stuff vague to protect the guilty.



If your mate was being bullied for a year, then your mate needs to have formally followed the organisation's 'code of conduct' or the  'Why didn't you say something before?' charge will be levelled. Bullying is a serious accusation and the people accused of it have rights too. Once anyone decides to go down this path, they have to get it in writing, names, dates and times, otherwise it's just gossip.  From personal experience, employment tribunals are heavy, you can't declare anything you can't back up without evidence or testimony from a witness and getting that can be a nightmare. Big organisations have big resources and tend to drag out legal proceedings. I've seen people's lives destroyed for decades. Take care, get legal advice and even then use your intuition or your mate's intuition or whatever. Don't go formal until you've already gone formal...if that makes any sense. Be specific and cover everything you're saying about accusations of constructive dismissal. Or their legal people will take you to bits!


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## Johnny Canuck3 (Jan 2, 2014)

mango5 said:


> I'm advising a mate to keep things short and simple, perhaps mentioning willingness to take part in an exit interview rather than write a long and detailed letter which can seem very sarcastic at times.  There is of course, a risk that any exit interview will be hastily convened crisis management rather than part of a proper process but presumably such stated willingness doesn't have to be followed through.  I don't think the situation is going to be subject to any formal complaint or legal proceedings.
> 
> I thought you lot might have some bright ideas of what to say.



If someone thinks they're being constructively dismissed, they should see a lawyer.


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## Buckaroo (Jan 2, 2014)

Johnny Canuck3 said:


> If someone thinks they're being constructively dismissed, they should see a lawyer.



No they shouldn't. First off they should think about exactly why it is they think they've been constructively dismissed, work out if they've got a case, think about if they could take that case and if not, save themselves some money and time and bullshit. Lawyers are cunts.


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## Johnny Canuck3 (Jan 2, 2014)

Buckaroo said:


> No they shouldn't. First off they should think about exactly why it is they think they've been constructively dismissed, work out if they've got a case, think about if they could take that case and if not, save themselves some money and time and bullshit. Lawyers are cunts.



So are bosses. Sometimes you need a cunt to deal with a cunt.


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## Buckaroo (Jan 2, 2014)

Johnny Canuck3 said:


> So are bosses. Sometimes you need a cunt to deal with a cunt.



Well yeah, all bosses are bastards but not necessarily cunts. Lawyers cost.


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## mango5 (Jan 2, 2014)

In this case management were alerted to the situation almost a year ago. There's probably enough formality to make a case, hence the interest in resigning in a way that doesn't jeopardise any possible case. Also the wording might be helpful to the employer if it ever wants to take action against the bullies. 

That may be too late for this case. But there probably won't be a case. Not everyone who has a case is inclined to press ahead with a case. It's shit but often people don't want to fight. They just want things to stop. 

Hopefully this thread is interesting /useful outside the specific situation.


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## equationgirl (Jan 2, 2014)

I hope your friend has something else to go to mango5 ?


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## mango5 (Jan 2, 2014)

Yeah they're doing a fair bit of freelance work so this employer can get stuffed is the attitude, I think. 
It's just shit that the shit people get away with shit cos employers are too shit to deal with it openly or in timely fashion.


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## Johnny Canuck3 (Jan 2, 2014)

Buckaroo said:


> Well yeah, all bosses are bastards but not necessarily cunts. Lawyers cost.



If a boss is constructively dismissing someone, they're showing signs of being a cunt.


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## Greebo (Jan 2, 2014)

Buckaroo said:


> <snip>Lawyers are cunts.


Not all of the time - some of them (even now) do pro bono work.  If you decide to resort to law, the CAB and your local Law Centre are probably the cheapest and least misleading starting points.  If they don't know or can't help you, they'll probably know who can help you.


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## equationgirl (Jan 3, 2014)

mango5 said:


> Yeah they're doing a fair bit of freelance work so this employer can get stuffed is the attitude, I think.
> It's just shit that the shit people get away with shit cos employers are too shit to deal with it openly or in timely fashion.


Absolutely. I've thought about claiming constructive dismissal in the past when a former boss was making life hellish for me, but when I looked at the evidence there wasn't actually enough provable evidence that I could lay out, if you see what I mean. She was very careful to make certain comments when it was just me and her, no witnesses.

I now work for a very nice man


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## Frances Lengel (Jan 3, 2014)




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