What To Do Before You Resign
You are close to resigning because things at work have become unbearable, but you have not left yet.
You are close to resigning over what feels like a constructive dismissal, but something is telling you to pause first.
That instinct is worth listening to, since a few steps taken now can make a real difference to your position later. A little preparation before you leave protects options you cannot easily recover afterward.
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 being moved somewhere clearly worse. Include the date it happened and who was involved.
Note anything you raised with your employer about it, and how they responded, since that exchange often matters as much as the breach itself. Screenshots and emails are worth more than a memory alone, especially months later.
Why does timing matter so much here?
The contract test asks whether your employer’s conduct broke a term going to the root of your contract1. Part of that test also looks at whether you acted within a reasonable time, rather than accepting the situation by staying too long2.
Staying on for months without any objection can later be read as accepting the change, even if you privately disagreed with it the whole time.
Waiting weeks or months after the breach, without acting, can weaken an otherwise strong case. This does not mean you must resign the same day, only that unreasonable delay works against you.
Should your resignation letter say why you are leaving?
Yes. A resignation letter that states your specific reasons connects your departure directly to what your employer did. A vague or purely polite letter can make that connection much harder to establish later.
Keep a copy of exactly what you sent, along with the date it was delivered, since both details can matter a great deal later on.
What should you do this week?
Write your account of events while it is still fresh, and gather any messages connected to it. Once you have resigned, you have sixty days from that date to file a Section 20 representation if you decide to proceed further.
Read how to prepare a constructive dismissal case for a fuller checklist, and check your timing with the deadline calculator once your resignation date is set.
A lawyer can look at your specific situation and help you judge whether the breach is serious enough to act on now.
A lawyer can review what has happened so far and help you decide whether to resign now or gather more evidence first.
Common questions
Should I resign before or after documenting what happened?
Document first if you possibly can, since evidence becomes much harder to gather once you have already left. A short delay to write things down rarely weakens 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 situation rather than treating it as a breach. Acting within a reasonable time after the event strengthens your position considerably.
Should I explain my reasons for resigning in writing?
Yes, a resignation letter that states the specific reasons connects your departure directly to the breach. A vague or purely polite resignation letter can make that connection 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
A lawyer can review what has happened so far and help you decide whether to resign now or gather more evidence first.