Shift team leader loses constructive dismissal claim after credibility issues
A shift team leader with 9 years' service resigned after being placed on a performance improvement plan, but the tribunal dismissed all claims, finding no breach of contract and serious credibility problems with his evidence.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant resigned on 15 September 2022, alleging constructive dismissal and disability discrimination.
- The claimant had been on sick leave for work-related stress from 2 May 2022.
- The respondent placed the claimant on a Performance Improvement Plan (PIP) upon his return to work.
- The claimant's grievance about the PIP was not upheld.
- The tribunal found the claimant was not disabled within the meaning of the Equality Act 2010.
- The tribunal dismissed all claims, finding no repudiatory breach of contract.
Timeline
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Employment commenced
Claimant started work at Britvic as a Technical Operator.
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Sickness absence began
Claimant emailed stating he was taking time off due to stress and hate of the job.
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Occupational Health assessment
Health Partners assessed claimant; report noted he was fit to work but declined phased return.
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First Medical Management Meeting
Claimant said he was 'back to normal' and wanted to return to work.
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Second Medical Management Meeting
EH raised concerns about claimant's management of Red Shift; PIP discussed.
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Third Medical Management Meeting
Claimant chose to return to his role with a PIP and declined phased return.
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Return to work
Claimant returned to work as agreed.
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PIP implemented
EH and claimant discussed and documented the PIP.
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Grievance raised
Claimant raised a grievance against Lee Davies and Emma Hutchinson for not following company policy.
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Grievance outcome
PP wrote to claimant stating grievance was not upheld.
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Resignation
Claimant resigned, giving four weeks' notice, citing repudiatory breaches.
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Employment terminated
Claimant's employment ended.
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Claim presented
Claimant issued proceedings following ACAS conciliation.
The legal issue
The tribunal had to decide whether the employer's conduct—placing the claimant on a PIP after sick leave and not upholding his grievance—was a fundamental breach of contract entitling him to resign and claim constructive dismissal, and whether it also amounted to disability discrimination.
The outcome
The tribunal dismissed all claims. The key reasons were:
- The claimant was not disabled under the Equality Act 2010, so the discrimination claims failed.
- The employer's actions—including the PIP and grievance outcome—did not breach the implied term of trust and confidence.
- The claimant's evidence was found to be unreliable, particularly regarding his mental health treatment.
No compensation was awarded.
Lessons & takeaways
- Constructive dismissal claims require a fundamental breach of contract by the employer—disagreement with a performance plan alone is unlikely to succeed.
- Credibility matters: if a tribunal finds you have misled your employer or the court, your whole case may be undermined.
- To bring a disability discrimination claim, you must first establish that you meet the legal definition of disability under the Equality Act 2010.
- A performance improvement plan (PIP) is not automatically a breach of contract, especially if it is implemented fairly and with support.
When a performance plan leads to resignation
This case shows the difficulty of proving constructive dismissal when an employer follows a reasonable process. The claimant, a shift team leader with nine years' service, resigned after being placed on a performance improvement plan (PIP) following a period of sick leave for stress. He argued that the PIP was a breach of trust and confidence, and that the employer had discriminated against him due to disability.
What the tribunal found
The tribunal rejected all claims. Crucially, it found that the claimant was not disabled within the meaning of the Equality Act 2010, so the discrimination claims could not succeed. On constructive dismissal, the tribunal held that the employer's actions—including the PIP and the grievance outcome—did not amount to a repudiatory breach. The claimant had agreed to the PIP and had been offered support, including a phased return, which he declined.
Credibility was key
The tribunal was particularly critical of the claimant's evidence. He initially told the tribunal he had seen a psychologist before resigning, but later admitted he had confused the dates. The tribunal found he had misled his employer and occupational health about his treatment. This undermined his entire case. The employer's witnesses, by contrast, were found to be clear and credible.
What this means for similar claims
For employees considering a constructive dismissal claim, this case is a reminder that the bar is high. A performance plan, even if unwelcome, is not automatically a breach of contract. The employer must have acted in a way that fundamentally destroys trust and confidence. For employers, it shows that a well-documented process—including offering support and recording agreements—can successfully defend such claims.
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