Constructive dismissal claims survive strike-out attempt: lessons for employers on trust and confidence
An experienced HR professional's claims of constructive unfair dismissal and disability discrimination will proceed to a full hearing after the tribunal refused to strike them out, though deposit orders were made.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant resigned in April 2023, but his resignation letter did not refer to any alleged breaches.
- The claimant alleged belittling incidents by manager Mr Bullock on 16 January and 22 February 2023.
- The claimant alleged he was instructed to travel to Stevenage despite his epilepsy, only to find the meeting was cancelled.
- The claimant alleged a sexual harassment incident on 8 February 2023 where he was asked about a 'manwich'.
- The respondent applied to strike out the claims for no reasonable prospect of success.
- The tribunal refused to strike out any claims but made deposit orders.
Timeline
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First belittling incident
Mr Bullock belittled the claimant by telling him how to conduct an investigation and probation meeting.
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Sexual harassment incident
During a HR team meeting, Mr Bullock asked the claimant who would be in his fantasy 'manwich', pressing for an answer.
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Second belittling incident
Mr Bullock belittled the claimant by showing him how to cut and paste from a document in front of colleagues.
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Final straw meeting
Mr Bullock allegedly dismissed the claimant's medical conditions and suggested his role might not continue remotely.
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Claimant resigned
The claimant resigned, but his resignation letter did not mention any alleged breaches.
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Preliminary hearing
Employment Judge Cookson heard the respondent's strike-out application and made deposit orders.
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Judgment sent
The judgment refusing strike-out was sent to the parties.
The legal issue
Whether the claimant's claims of constructive unfair dismissal and disability discrimination should be struck out for having no reasonable prospect of success, or subjected to a deposit order.
The outcome
The tribunal refused to strike out any of the claims, allowing them to proceed to a full hearing. However, deposit orders were made requiring the claimant to pay a sum as a condition of continuing certain aspects of the claim.
- The tribunal found that the alleged incidents, taken together, could amount to a breach of the implied term of trust and confidence, and that the sexual harassment claim had reasonable prospects.
- No compensation was awarded at this stage as the case is ongoing.
Lessons & takeaways
- A resignation letter that does not mention alleged breaches is not fatal to a constructive dismissal claim if the cumulative conduct is sufficiently serious.
- Belittling incidents and disregard for an employee's health conditions can together form a 'final straw' for constructive dismissal.
- Employers should take seriously any allegations of harassment or discrimination, even from experienced HR professionals, as they can give rise to viable claims.
- Tribunals are reluctant to strike out claims at a preliminary stage if there is any reasonable prospect of success, especially where credibility is in issue.
This case shows how a series of workplace incidents, each perhaps minor on its own, can combine to support a claim of constructive dismissal. The claimant, an experienced HR professional with many years' service, alleged that his new manager belittled him on several occasions, instructed him to travel despite knowing his epilepsy made travel difficult, and asked an inappropriate sexual question during a team meeting. The final straw came when the manager allegedly dismissed the claimant's medical conditions and suggested his remote role might not continue.
What the employer could have done differently
The respondent applied to strike out the claims, arguing they had no reasonable prospect of success. However, the tribunal found that the alleged conduct, if proven, could amount to a fundamental breach of the implied term of trust and confidence. The fact that the resignation letter did not mention the alleged breaches was not decisive, as the cumulative effect of the incidents could still justify resignation. Employers should ensure that managers are trained to treat all employees with respect, particularly those with health conditions, and that any concerns raised are properly investigated.
Why this matters
This decision highlights that tribunals will not easily strike out constructive dismissal claims where there is a pattern of behaviour that could undermine trust and confidence. It also serves as a reminder that even experienced employees can bring successful claims if they feel belittled or harassed. The case will now proceed to a full hearing, where the facts will be tested in evidence.
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