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 three months of the day you last worked. 

Only employees can bring a claim for unfair dismissal. And in most cases, you will only have this right if you have completed two full years of continuous service.

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 What if I walk out because I can’t stand it?You should always get advice first.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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