Constructive Dismissal Letters
A constructive dismissal is a formal letter of resignation sent to an employed person who has effectively and properly notified the employer of his/her impending resignation, also commonly known as ‘written notice’ of resignation. In this letter, the worker formally announces that the termination was unjustified and/or unprofessional. In order to get a constructive dismissal, the worker must be able to provide supporting documents such as a ‘notice of resignation’, a copy of the termination letter he/she has received from their current employer, and a record of their final salary in order to prove that they were being paid in cash. The record of final salary will support their claim that they were not being paid in cash.3
If you choose to send a letter for a constructive discharge, your first step should be to inform your current or previous employer that you have decided to resign. Inform them that you have written a letter for a constructive discharge and enclosed it with a copy of your resignation letter. Follow this with a request for a written notice of resignation. You should also include any evidence that will support your claim that you have decided to resign. Your request should be addressed to the person who is in-charge of employment affairs for your department. They will forward the letter to the employer in question.
Your next step in sending a resignation letter for constructive dismissal is to draft a new letter for it. This time, you should make sure that you use the same words and wording that you used in your first letter. Furthermore, in addition to using the same language as the original letter, you should also update it by including your name and new contact information. If you are not comfortable writing this letter on your own, you can hire the services of a professional to do it for you.
Constructive Dismissal Letters – How to Construct Them
The next step in drafting your letter is to include any other relevant employment evidence such as your records, training certificates, security clearances certificates and testimonials from previous employers. You must highlight how you obtained these records and whether or not they are supportive of your case. In addition to this, you must provide a new evidence that can support your claim for unfair dismissal. This new evidence may include things like an account of your disciplinary records, letters of reference and your dismissal rules and regulations.
The last part of your letter should focus on the immediate effect of your resignation. Firstly, you should thank your employer for their time and consideration and secondly, express your intention to resign immediately. In addition to this, you should include what steps you plan to take in order to complete your resignation. If you have been given the opportunity to speak to your employer before you decide to quit, then you should mention this at this point. This will give your employer a chance to arrange anything that they need to ensure that the resignation is carried out as quickly as possible.
The main purpose of a constructive dismissal is to protect your right to a fair and objective review of your employment by an independent employment tribunal. As such, it is important to keep this fact in mind when drafting your resignation letter. Constructive dismissal letters for every situation are different. They are not only specific in their wording, but also incorporate specific elements which are designed to protect your right to appeal to an employment tribunal. It is in your best interests to seek legal advice from an employment law solicitor before drafting your official dismissal letter.
