Forced Resignation
If your employer acts in a way that leaves you with no real choice but to resign this is known as a forced resignation. Forced resignation is also known as constructive dismissal.
Forced resignation can occur because of bullying, harassment, underpayment or safety concerns. It could also be the result of coercion – where your employer pressures you to resign by threatening to act against you if you do not.
Forced resignation can be considered unfair dismissal if your employer deliberately tried to make you resign.
If you feel that you are being left with no choice by your employer but to resign, contact your union for advice and support before making a final decision.
What does not count as forced resignation
Forced resignation does not apply:
- If you have done something wrong at work and quit rather than deal with the consequences
- If you quit while you are suspended or under investigation for misconduct
- If you quit because you are unhappy about disciplinary action or performance management
Your boss can take reasonable disciplinary action against you and to manage your performance if necessary. However, they cannot do this in manner this can also be done with the intention to bully you and pressure you into resigning.
Situations like this are difficult. Your union is best placed to offer you advice about your situation.
Are you already a union member?
Reach out to your union for more specific information about how you and your workmates can make the most of your rights at work.
Not yet a member?
Joining your union is the most powerful decision you can make to protect your rights at work.