How to prepare a forced resignation claim
You want a checklist built around the legal test before you take another step.
What evidence shows the breach itself?
A useful checklist for a constructive dismissal case follows the legal test. The four Bayer conditions give you four things to build evidence around.1
Start with the breach. Gather anything showing the change, such as a pay cut letter, a demotion notice or messages about a hostile transfer. Note the date of each event and who decided it.
Keep the original files, not only screenshots. Originals are easier to verify later.
What evidence shows the breach was serious?
Show how the change affected your job in practice, not only what the paperwork said. A pay cut that halved your income is very different from a small adjustment.
Compare your position before and after in concrete terms, such as duties, reporting lines or pay.
What evidence shows you resigned because of it?
Your resignation letter should tie directly to the breach and state your reasons. Keep a copy of exactly what you sent, with the date it was delivered.
What evidence shows you acted in reasonable time?
Build a short timeline of the gap between the breach and your resignation. Explain any delay. A reasonable, explained delay is different from months of silence that suggests acceptance.
What about witnesses and wider context?
Note the names of colleagues who saw relevant events, with a line on what each saw. A brief account from someone else can support yours.
Company policies, past practice and how similar cases were handled for others can also help a lawyer read your case.
What should you do this week?
Put your documents and timeline in one folder, and confirm your deadline with the deadline calculator. Read your rights in a constructive dismissal case for the fuller picture.
If you want a lawyer to file a Section 20 representation for you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send them everything you gathered. Your employer must still prove just cause or excuse once the claim is running,2 and a full file lets the lawyer see where you stand.
If you have gathered evidence for a constructive dismissal claim, an independent employment lawyer can review it and act on the claim if it shows grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
What is the most useful thing I can prepare?
A written chronology of the breach, your response and your resignation, each with dates. One document like this organises a case better than anything else.
Do I need proof for every one of the four conditions?
You need enough evidence to support each one credibly, though the strength of proof can differ between them. A lawyer can tell you where your evidence is strongest and weakest.
Should I keep evidence even if I have not resigned yet?
Yes. Gathering evidence works best before you resign, while records and messages are easy to reach. After you leave, you may lose access to useful material.
What if some of my evidence is only verbal, with no paper trail?
Write down what was said, by whom and when, while it is fresh. A written account of a spoken event still carries weight, even without a document.
Sources
- Bayer (M) Sdn Bhd v Anwar Abd Rahim sets out four conditions for constructive dismissal: a breach of an essential term, that the breach was serious enough, that the employee resigned because of it, and that the employee did not delay before leaving. Thomas Philip
- In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates
Keep reading
If you have gathered evidence for a constructive dismissal claim, an independent employment lawyer can review it and act on the claim if it shows grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.