Quitting your job is rarely easy. But resigning because you feel like you have no other option? That can be emotionally exhausting and legally complex. Whether it’s persistent bullying, unreasonable demands, or a sudden change in duties that leaves you feeling set up to fail, some resignations aren’t truly voluntary — they’re a response to an unhealthy, untenable work environment.
This type of situation is commonly referred to as constructive dismissal, where an employee resigns because their employer’s actions (or inaction) have made continued employment intolerable. And while the law does recognise this concept, proving it — and protecting your rights — requires careful handling.
If you’re in a position where leaving feels like the only option, here’s what you need to consider before making your next move.
Identify What’s Really Going On
Start by separating emotion from fact. Are you dealing with a one-off conflict or an ongoing pattern of mistreatment? Some signs that point to a toxic work environment or forced resignation include:
- Being demoted or moved without warning or valid reason
- Repeated harassment, bullying, or exclusion from meetings
- Unreasonable increases in workload or sudden changes to hours
- Your role being slowly eroded or made redundant in practice
- A complete breakdown in communication or trust with leadership
If any of this sounds familiar, it may not just be a bad work experience — it could potentially support a constructive dismissal claim.
Document Everything
Once you start feeling pushed out, documentation becomes your safety net. Keep detailed, time-stamped records of what’s happening and when. Include:
- Copies of emails or messages that support your concerns
- Notes from meetings or conversations
- Performance reviews or feedback that contradict any negative treatment
- A journal of incidents and how they affected you
This evidence can be crucial if you decide to pursue legal advice or lodge a formal complaint.
Don’t Quit Without a Plan
Walking out might feel like the only way to escape the stress, but resigning on the spot can make it harder to assert your rights later. Unless your health or safety is in immediate danger, try to take a strategic approach:
- Talk to HR, if it’s safe to do so
- Raise concerns formally in writing
- Ask for mediation or a resolution process
By showing that you gave your employer a fair chance to fix the problem, you strengthen your position if things do escalate.
Know the Legal Implications
Under employment law, constructive dismissal isn’t about a technical resignation — it’s about a resignation that was effectively forced by the employer’s conduct. That conduct must be serious enough to breach the terms of your contract (whether written or implied, such as the duty of trust and fairness).
To succeed in a legal claim, you’ll generally need to show:
- The employer seriously breached your contract
- You resigned specifically because of that breach
- You didn’t delay too long in resigning after the breach occurred
Timing and evidence are everything in these cases, which is why legal advice is essential before taking action.
Seek Professional Guidance Early
Even if you’re still employed, you can speak with an employment advisor or legal professional to understand your options. They can help you:
- Evaluate whether your situation fits the definition of constructive dismissal
- Review your employment contract for breaches
- Decide whether resignation is the best course of action — or if it’s better to stay and negotiate
Acting early can preserve more of your rights than waiting until after you’ve resigned in frustration.
Consider Your Mental Health Too
Being forced out of a job doesn’t just affect your finances — it can erode your confidence, self-worth, and wellbeing. If the situation is taking a toll, make space for self-care and seek support:
- Talk to someone you trust about what’s going on
- Access mental health services through your GP or employee assistance program
- Remind yourself that being mistreated at work is not your fault
Prioritising your mental health doesn’t mean ignoring the legal side — it means ensuring you’re strong enough to pursue what you deserve.
Prepare for the Next Step
If you’ve made the decision to resign or already have, don’t let that define your career. Protect your professional reputation and focus on moving forward with confidence:
- Keep your resignation letter factual and polite, not emotional
- Request a written reference from someone who supports you
- Reflect on what you want — and don’t want — in your next role
- Take time to rebuild before jumping into the next opportunity
No one should have to leave a job because of poor treatment. But if you do, make sure it’s on your terms — with a clear head and a plan.
You Deserve to Be Treated Fairly at Work
Being forced to resign doesn’t just sting — it can feel like your hard work has been thrown away. But your experience and professionalism still matter. With the right documentation, advice, and strategy, you can take back control and make decisions that honour both your wellbeing and your career.
It’s okay to leave when a workplace becomes toxic. Just make sure you leave empowered — not defeated.
