What to do before you resign
Work has become unbearable and you are close to resigning, but you have not left yet.
What should you document before you resign?
Write down the specific change or breach that pushed you toward resigning, such as a pay cut, a demotion or a move somewhere clearly worse. Include the date and who was involved. This is the heart of a constructive dismissal case.
Note anything you raised with your employer, and how they replied. That exchange can matter as much as the breach. Screenshots and emails are worth more than memory, especially months later.
Why does timing matter so much?
The contract test asks whether your employer’s conduct broke a term going to the root of your contract.1 It also looks at whether you acted within a reasonable time, instead of accepting the situation by staying too long.2
Staying for months without objecting can later be read as accepting the change, even if you disagreed privately. You do not have to resign the same day. Unreasonable delay is what works against you.
Should your resignation letter say why you are leaving?
Yes. A letter that states your specific reasons ties your departure to what your employer did. A vague or purely polite letter makes that link much harder to establish.
Keep a copy of what you sent and the date it was delivered.
What should you do this week?
Write your account of events while it is fresh, and gather the messages connected to it. Once you resign, you have 60 days from that date to file a Section 20 representation.
Read how to prepare a constructive dismissal case for a fuller checklist. Check your timing with the deadline calculator once your resignation date is set.
If you want to act on the breach, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send a lawyer your timeline before you resign. An independent lawyer may review the facts and replies on whether and how they can take a claim forward.
If you are thinking of resigning because of how you are treated, an independent employment lawyer can review what has happened so far. They can act on a constructive dismissal claim if you have 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
Should I resign before or after documenting what happened?
Document first if you can. Evidence is much harder to gather once you have left. A short delay to write things down should not weaken a genuine case.
What exactly should I be documenting?
The specific change or breach, such as a pay cut, a demotion or a hostile transfer, with dates. Also note anything you raised with your employer about it before deciding to resign.
Does it matter how quickly I resign after the breach?
Yes. Waiting too long can suggest you accepted the change instead of treating it as a breach. Acting within a reasonable time after the event strengthens your position.
Should I explain my reasons for resigning in writing?
Yes. A letter that states your specific reasons ties your departure to the breach. A vague or purely polite letter makes that link harder to prove later.
Sources
- The Supreme Court in Wong Chee Hong v Cathay Organisation (M) Sdn Bhd held that constructive dismissal is judged by the contract test, whether the employer breached a term going to the root of the contract. Thomas Philip
- 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
Keep reading
If you are thinking of resigning because of how you are treated, an independent employment lawyer can review what has happened so far. They can act on a constructive dismissal claim if you have 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.