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What are my rights if I resign?

If you quit work to get away from intolerable working conditions, you may be able to claim "constructive unfair dismissal" under the Employment Rights Act. Your claim must be submitted to an Employment Tribunal within 3 months of the day you last worked.

  • Only employees can bring a claim for unfair dismissal.
  • In most cases, you will only have this right if you have completed one full year of continuous service, or two full years of service if you started work on or after 6 April 2012.
  • Think very carefully before walking out. Bringing a claim of constructive dismissal in the tribunal is a very difficult and uncertain process. Even if you win, your compensation is likely to be limited. See our answer to What if I walk out because I can’t stand it? You should always get advice first.