36 years at BT, then resignation: constructive dismissal claim fails over new ticketing system
A team member with 36 years' service resigned after performance concerns were raised following a new ticketing system. The tribunal dismissed her constructive dismissal claim but awarded £306.40 for unpaid holiday pay.
2 min read · Last updated 19 May 2026
Case details
- #long-service
- #hearing-impairment
- #new-ticketing-system
- #project-rouge
- #offshoring
- #annual-leave-pay
Key facts
- The claimant worked for BT for over 36 years, latterly as a Team Member in the Hosted Communications team.
- The claimant has a hearing impairment, accepted as a disability, and used a hearing loop and Roger Pen equipment.
- A new ticketing system was introduced in 2020; the claimant had difficulties with training and performance.
- On 13 July 2020, the claimant's manager raised performance concerns informally; the claimant went on sick leave and did not return.
- The claimant resigned with immediate effect on 27 September 2020, citing breach of trust and confidence.
- The tribunal found BT failed to pay the claimant for 4 days of accrued untaken annual leave, awarding £306.40.
Timeline
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Employment started
Claimant began working for BT as a telephonist.
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Hearing loss diagnosed
Claimant diagnosed with bilateral moderate hearing loss; hearing aids provided.
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Access to Work equipment obtained
BT purchased a Roger Pen and related equipment, but not all recommended microphones.
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New ticketing system announced
Team told new ticketing system would go live in March 2020.
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Claimant emailed manager about concerns
Claimant expressed feeling undervalued and demotivated; no mention of hearing issues.
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Performance conversation
Manager Sandra Southall raised performance issues with claimant; claimant became upset.
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Claimant went on sick leave
Claimant ceased work and did not return.
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Informed about Project Rouge
Duty of care manager Jazz Aulakh told claimant some work was being offshored.
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Claimant resigned
Claimant resigned with immediate effect, attaching a formal grievance.
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Judgment issued
Tribunal awarded £306.40 for unpaid holiday pay but dismissed all other claims.
The legal issue
The tribunal had to decide whether BT's actions—including raising performance concerns, introducing a new ticketing system, and offshoring work—amounted to a fundamental breach of contract entitling the claimant to resign and claim constructive unfair dismissal, and whether there was discrimination or failure to make reasonable adjustments for her hearing impairment.
The outcome
The tribunal dismissed nearly all claims, including constructive unfair dismissal, age and disability discrimination, failure to make reasonable adjustments, breach of contract, and redundancy.
- The only successful claim was for unpaid holiday pay: BT was ordered to pay £306.40 for 4 days of accrued untaken annual leave.
- The tribunal found that the performance conversation on 13 July 2020 was not unreasonable, and the claimant's resignation on 27 September 2020 was not in response to a fundamental breach.
- The claimant's hearing impairment was acknowledged, but the tribunal found no evidence that BT failed to make reasonable adjustments or treated her unfavourably because of her disability.
Lessons & takeaways
- Long service does not automatically make a performance management process unfair—the key is whether the employer acts reasonably in the circumstances.
- If you resign claiming constructive dismissal, you must show that your employer committed a fundamental breach of contract and that you resigned in response to that breach, not for other reasons.
- Employers must ensure they pay all accrued untaken annual leave on termination, even if the employee resigns; failure to do so can lead to a successful claim for unlawful deduction from wages.
- Disability discrimination claims require evidence that the employer knew or ought to have known about the disability and failed to make reasonable adjustments—raising concerns about training or equipment may not be enough if the employer took steps to address them.
A long career ends in dispute over a new system
After 36 years with BT, a team member with a hearing impairment found herself struggling with a new ticketing system introduced in 2020. She raised concerns about feeling undervalued, but when her manager later raised performance issues, she went on sick leave and never returned. Two months later, she resigned, claiming BT had destroyed the trust and confidence needed for the employment relationship.
The tribunal heard that the claimant had used a Roger Pen and hearing loop equipment provided through Access to Work, but she felt that not all recommended microphones were supplied. Despite her long service and disability, the tribunal concluded that BT's actions did not amount to a fundamental breach of contract. The performance conversation was not aggressive or unreasonable, and the offshoring of some work (Project Rouge) did not affect her role directly.
What BT could have done differently
While BT successfully defended the main claims, the case highlights a common pitfall: failing to pay accrued holiday pay on termination. The tribunal found that the claimant was entitled to pay for 4 days of untaken annual leave, which BT had not paid. This oversight led to a modest but avoidable award of £306.40.
For employers, the lesson is clear: even when an employee resigns, statutory obligations to pay for accrued holiday remain. A simple check at the point of termination can prevent a claim.
Why this case matters
This case illustrates the high bar for constructive dismissal claims, especially where the employee resigns after a period of sick leave. The tribunal emphasised that the claimant must show that the employer's conduct was so serious that it fundamentally breached the contract, and that the resignation was in response to that breach. Here, the claimant's resignation letter cited a formal grievance, but the tribunal found that the alleged breaches—such as the performance conversation and the new system—did not meet that threshold.
For employees with long service, the case is a reminder that even decades of loyalty do not guarantee success in a constructive dismissal claim if the employer's actions are reasonable. It also underscores the importance of documenting any disability-related adjustments and ensuring that all statutory payments are made on termination.
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