Editing Constructive dismissal (section)

====Notice period====

Although the employer's breach must be serious enough to entitle the employee to resign without notice, the employee is entitled to give notice if they prefer, so that they could enjoy the benefit of wages during the notice period.

To prevent the employer alleging that the resignation was caused by a job offer, the employee should resign first and then seek a new job during the notice period.

During the notice period, the employer could make the employee redundant<ref>{{UK-LEG
|path=ukpga/1996/18/section/139
|title=Section 139(1) of the [[Employment Rights Act 1996]]
|noprefix=yes
}}</ref> or summarily dismiss them, if it has the grounds to do so fairly.  Otherwise, the reason for termination will be resignation and not dismissal, since the employee cannot serve a counternotice.<ref>{{UK-LEG
|path=ukpga/1996/18/section/95
|title=Section 95(2)b of the [[Employment Rights Act 1996]]
|noprefix=yes
}}</ref>