Resignations: A resignation can be deemed to be constructive dismissal

In a ruling of 9 September 2026, the French Supreme Court, Labour Division, ruled that an employee could claim constructive dismissal 2 months after having resigned. 

Under French labour law, an employee’s resignation must reflect their clear and unequivocal intention to end the employment contract. 

In this case, a manager resigned on 1 December 2020. His resignation letter did not mention any issues or disputes with his employer. However, a few days before the end of his notice period, he sent an email to several of his colleagues telling them that he was going to send his employer a letter explaining that he had been forced to resign due to various humiliations he had suffered at the hands of his management. He then sent such a letter after the end of his notice period. 

The Court of Appeal held that his resignation was equivocal, that this instead was a constructive dismissal and that the termination was null and void because it had been caused by psychological harassment. 

The French Supreme Court upheld that ruling, rejecting the employer’s argument that a letter written two months after an unreserved resignation could not make it equivocal. The email sent by the employee before the notice period ended, and the open letter it announced, were considered enough. 

Key Action Points for Human Resources and In-house Counsel 

Organise exit interviews with employees who resign to identify any possible issues which could challenge the unequivocal nature of their resignation.