Employment tribunal claim after resignation

Hello there. Yes, you absolutely can resign from your job and still bring a claim to an employment tribunal.

Depending on your situation, there are generally two ways this normally happens.

Constructive dismissal:

The most common claim people think of when they resign is constructive unfair dismissal. This happens when your employer does something so serious that it fundamentally breaks the contractual relationship and the trust between you, leaving you feeling like you have no choice but to leave. For example, ignoring severe bullying, cutting your pay without agreement, or a pattern of deeply unfair behaviour.

To bring a constructive dismissal claim, you usually need to have worked for your employer for at least two consecutive years. It is worth knowing that these claims can be quite difficult to win. The tribunal will expect you to prove that your employer broke your contract, that you resigned specifically because of their actions, and that you did not wait too long to resign after the bad behaviour happened.

Other types of claims:

You can also bring claims for things like unpaid wages, discrimination, harassment, or whistleblowing after you resign. For many of these claims, like discrimination or unlawful deduction from wages, you do not need two years of service. You just need to show that the legal wrong happened while you were employed or during the resignation process.

Practical next steps:

If you are thinking about resigning and bringing a claim, here is a sensible order to approach things:

1. Consider raising a formal grievance. Before resigning, it is usually a good idea to submit a formal written grievance to your employer. This gives them a chance to investigate and potentially fix the problem. If you go straight to a tribunal without trying to resolve it internally first, the tribunal can reduce any compensation you win.

2. Gather your evidence. Collect anything that proves what happened before you lose access to the company systems. This might include emails, messages, payslips, or your own dated notes of meetings.

3. Write a clear resignation letter. If you decide you must resign, write a letter stating clearly why you are leaving. If you feel you have been forced out by their behaviour, say so. This letter will be a key piece of evidence in your case.

4. Keep a close eye on the calendar. Employment tribunals have very strict time limits. You usually have three months less one day from your last day of employment, or from the date of the specific incident you are complaining about, to start the legal process.

5. Contact ACAS. Before you can submit any claim to a tribunal, you must start the ACAS Early Conciliation process. ACAS is a free, impartial body that deals with workplace disputes. They will act as a go-between to see if you and your employer can reach a settlement without needing to go to court, saving you time and stress.

6. Go to the employment tribunal. If early resolution with ACAS does not work out, they will give you an Early Conciliation certificate. You will need the number on this certificate to formally submit your claim form to the employment tribunal.