Common Myths About Being Forced Out
You have heard a few things about constructive dismissal that turn out not to be quite accurate.
A few beliefs about constructive dismissal get repeated often enough that they start to sound like fact.
Some of them are close to true, others are not, and the difference matters for what you decide to do next.
Myth, resigning means you have no claim
This is false. The law recognises that a resignation forced by your employer’s conduct can itself count as a dismissal, provided the contract test is met1. You are not giving up your rights simply by being the one who leaves.
What matters is why you left, not the fact that you technically resigned rather than being told to go.
Myth, any unfair treatment qualifies
This is also false. The breach needs to go to the root of your contract, a genuinely serious matter, not ordinary friction or an unpleasant conversation. A single difficult meeting rarely meets that threshold on its own.
Pay cuts, demotions, and hostile transfers are the kinds of changes that more often meet this standard, especially when they arrive without proper explanation.
Myth, you must complain to HR first
This one is only partly true. Raising the issue internally is not always a strict legal requirement before you can resign and claim.
Doing so can still strengthen your case, though, by showing your employer knew about the problem and did not address it. A record of that complaint is worth keeping either way.
Myth, you have to prove your employer was wrong
This is largely false, in the sense that matters most. Your employer carries the burden of showing just cause or excuse for how you were treated, not the other way around2.
Myth, there is no deadline if you resigned instead of being fired
This is false as well. The same sixty day window applies whether your employment ended by dismissal or by a resignation the law treats as forced.
People sometimes assume resigning buys more time to decide, when in fact the clock starts on the day you actually leave.
What should you do this week?
Write down which of these myths you had assumed were true, and check your facts against your actual situation. Read about common mistakes to avoid, and confirm your window with the deadline calculator.
Ask a lawyer to review your specific facts before you file a Section 20 representation, so you are acting on accurate information rather than assumptions.
A lawyer can tell you plainly which of these beliefs apply to your situation and which ones do not.
Common questions
Myth, if I resign I automatically lose any claim. True or false?
False. Resigning does not end your right to claim, since the law treats a genuinely forced resignation as a form of dismissal in itself. What matters is whether the contract test is met.
Myth, any unpleasant treatment counts as constructive dismissal. True or false?
False. The breach needs to go to the root of your contract, not simply feel unfair or uncomfortable. Ordinary workplace friction rarely meets that higher standard on its own.
Myth, I must complain to HR before I can resign and claim. True or false?
Partly true. Raising the issue first is not always a strict legal requirement, but it can support your case by showing your employer knew and did not fix it.
Myth, my employer has to prove I was wrong to resign. True or false?
True in effect. Your employer carries the burden of showing just cause or excuse existed for how you were treated, not the other way around.
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
- 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
A lawyer can tell you plainly which of these beliefs apply to your situation and which ones do not.