Constructive dismissal (or forced resignation) refers to a situation where an employer, instead of actually dismissing an team member, forces the individual to resign by either requesting a resignation or putting the team member in circumstances where he/she feels there is no option but to resign. These resignations under pressure are, in effect, equivalent to dismissal. Note: some employers adopt this technique in the mistaken belief that it will avoid a personal grievance should they dismiss the team member.

An offer by a team member to resign in circumstances where they are being performance managed, disciplined or you have indicated dismissal is a possibility, should be handled with great care. This is particularly true where a team member offers to resign “in the heat of the moment”.

Encourage the team member to take a brief period of time and reconsider their intentions before confirming their resignation. Wherever possible, obtain written confirmation of their intention to resign. Do not arrange for a resignation letter to be typed on the team member’s behalf – this looks as though we forced them to resign. Ask the team member to draft and supply the written resignation.

If a team member suggests they might resign in the circumstances we described above contact Organisational Development and Capability to discuss your options.