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Delay and Affirmation

How continuing to work can destroy a constructive dismissal claim.

Last updated 21 February 2026

Overview

If an employer breaches your contract and you continue working normally without objecting, the law presumes you accepted the change (affirmation).

Once affirmed, you cannot later resign and claim constructive dismissal for that specific breach.

What you can do

  • If you need time to find another job or get advice, explicitly state your objections in writing.
  • Using the employer's grievance procedure is generally a valid reason for delaying resignation.

Next steps

Keep your facts organised and protect your time limits with the tools below.

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Sources