Preparing A Constructive Dismissal Claim
You want a clear checklist built around the actual legal test before you take any further step.
A useful checklist for a constructive dismissal case follows the actual legal test, rather than a generic list of good habits.
The Bayer conditions give you four specific things to build evidence around, and each one deserves its own attention before you go further.
Evidence for the breach itself
Gather anything that shows the specific change, whether that is a pay cut letter, a demotion notice, or messages describing a hostile transfer. Include the date each event happened and who was responsible for making that decision.
Keep the original files where you can, rather than only screenshots, since originals are easier to verify later if needed.
This is the foundation everything else builds on, so be as specific and dated as you possibly can here.
Evidence that the breach was serious
Show how the change affected your role in practice, not just what the paperwork said. A pay cut that halved your income looks different from a minor adjustment, and the difference matters for this part of the test1.
Compare your position before and after the change in concrete terms, such as duties, reporting lines, or pay.
Evidence that you resigned because of the breach
Your resignation letter should connect directly to the breach, stating your reasons rather than leaving them unsaid. Keep a copy of exactly what you sent, along with the date it was delivered.
Evidence that you acted within a reasonable time
Build a short timeline showing the gap between the breach and your resignation, and explain any delay if one occurred. A reasonable, explained delay is different from months of silence that suggests acceptance.
Evidence of witnesses and wider context
Note the names of colleagues who saw relevant events, along with a line on what each of them witnessed. Even a brief account from someone else can support your version of what happened.
Company policies, past practice, or how similar situations were handled for others can also provide useful context for a lawyer reviewing your case.
What should you do this week?
Put your documents and timeline into one folder, and confirm your deadline using the deadline calculator. Read your rights in a constructive dismissal case alongside this checklist for the fuller picture.
Bring everything you have gathered to a lawyer before filing a Section 20 representation2, so nothing useful gets left out of the conversation.
A lawyer can review what you have gathered and tell you where your case is strongest and where it still needs more support.
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. This single document does more to organise a case than any other piece of preparation.
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 vary between them. A lawyer can tell you where your current 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 still easy to access. Waiting until after you leave often means losing 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, as soon as you can while it is fresh. A written account of a verbal event still carries weight, even without a document to back it up.
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
A lawyer can review what you have gathered and tell you where your case is strongest and where it still needs more support.