Employees warned against resigning at employers’ behest – that’s illegal & constructive dismissal!

MANY would have heard or even experienced it themselves. Being pressurised and ostracised at work and ultimately the hapless employee is asked to resign by the management.

Don’t do this, came an impassioned plea from digital creator Farid Affy (@faridaffy) on X. Don’t be foolish and avoid being a pawn in the management’s game was his advice.

The poster clearly outlined the main reason why companies take this route. Firstly, there is no need to pay compensation as it was a resignation as opposed to termination.

Secondly, there is less risk of having legal action taken against them for unlawful dismissal. Thirdly, less paperwork and procedural headaches as there was no need for a domestic inquiry.

The usual excuses put forth would include the company facing financial difficulties, restructuring or below par performance on the part of the employee. It would be insinuated that the employee should protect their reputation by tendering rather than being fired.

The poster went on to outline steps that an employee should take – starting with a request for a written explanation, culminating with a complaint to the authorities.

He further advised that the resignation letter is drafted by the management and is signed “under protest”. Get the union involved and be meticulous in collecting evidence as well as recording chronology of events to ensure that employee is not victimised, he counselled.

It was also pointed out that certain companies would resort to threats and blackmail. These included blacklist within relevant industries, withholding of wages and even a promise of a glowing referral.

Stating that such cases were tantamount to constructive dismissal, he lamented that too many victims remained silent as they did not want to kick up a fuss. This implicit silence would further embolden many more organisations to continue doing so.

Many employees will have their fair share of tales of corporate skull drudgery. With an increasingly prevalent lay-off culture taking hold, employees would do well to protect themselves and heed the advice above.

The cost-of-living crisis may force many to work under unhappy circumstances but until the employee voluntarily and willingly resigns, there remains a right for them to work and be legally employed so to speak. – June 3, 2025

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