Senior HR manager's constructive dismissal claim dismissed: resignation was for better job
A senior HR manager who resigned after accepting a higher-paid job failed to prove constructive unfair dismissal or discrimination. The Birmingham tribunal found no breach of contract by National Highways Ltd.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed as a Senior Caseworker/HR Manager from 27 January 2020 until his resignation on 14 March 2022.
- The claimant's line manager, Fay Judge, was consistently supportive and reduced his workload during personal difficulties.
- The claimant was not offered a place on an HRBP development course because he was on a fixed-term contract, had not expressed interest, and was experiencing personal difficulties.
- The claimant resigned after accepting a higher-paid job offer obtained via LinkedIn, not because of any breach of contract.
- The tribunal found no evidence of race or sex discrimination in any of the alleged treatment.
- The claimant's fixed-term employee claims failed because the treatment was justified or not less favourable.
Timeline
-
Employment started
Claimant commenced employment on an 18-month fixed-term contract as Senior Caseworker - Employee Relations.
-
Department restructure
Restructure led to team expansion and claimant's role retitled to HR Manager - Employee Relations.
-
HRBP course held
HRBP development masterclass took place; claimant was not put forward.
-
Permanent job offer
Claimant was offered a permanent position as Senior HR Manager, which he accepted.
-
Became permanent employee
Claimant moved from fixed-term to permanent contract, retaining same pay and grade.
-
Sickness absence began
Claimant went off sick due to stress, citing personal and health issues.
-
Return to work and grievance raised
Claimant returned on reduced hours and raised a grievance about workload, training, and pay.
-
Resignation meeting
Claimant told Mrs Judge he had accepted another job offer; Mrs Judge tried to retain him.
-
Formal resignation
Claimant submitted formal resignation, citing the new job opportunity.
-
Employment ended
Claimant left the respondent after working his notice period.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed, subjected to race or sex discrimination, or treated less favourably as a fixed-term employee.
The outcome
The tribunal dismissed all claims against National Highways Ltd.
- The claimant resigned after securing a higher-paid job via LinkedIn, not because of any breach of contract.
- His line manager was consistently supportive, reducing his workload during personal difficulties.
- The claim that he was denied a development course due to his fixed-term status failed because he had not expressed interest and was experiencing personal difficulties.
- No evidence of race or sex discrimination was found.
- Some fixed-term employee claims were also out of time.
Lessons & takeaways
- To succeed in a constructive dismissal claim, you must show that your employer's conduct was so serious it destroyed trust and confidence, and that you resigned in response to that breach.
- If you accept a new job before resigning, tribunals may conclude that you left for that opportunity, not because of any breach by your employer.
- Support from your line manager, such as workload reductions during personal difficulties, can undermine claims of unreasonable treatment.
- Fixed-term employees have protections, but claims must be brought within three months of the alleged less favourable treatment.
When a resignation is not a dismissal
This case shows the importance of the reason for resignation in constructive dismissal claims. The claimant, a senior HR manager, resigned after accepting a higher-paid job he found on LinkedIn. The tribunal found that this was the real reason he left, not any alleged breach of contract by National Highways Ltd.
What the employer did right
National Highways Ltd demonstrated good practice. The claimant's line manager was consistently supportive, reducing his workload when he faced personal difficulties. The company offered him a permanent contract after his fixed-term ended, and when he resigned, his manager tried to retain him. These actions made it difficult for the claimant to argue that the employer had destroyed trust and confidence.
Why the discrimination claims failed
The claimant alleged race and sex discrimination, but the tribunal found no evidence that his treatment was linked to his race or sex. For example, he was not put forward for a development course, but the tribunal accepted that this was because he had not expressed interest and was dealing with personal issues, not because of his fixed-term status or protected characteristics.
Key takeaway for employees
This case is a reminder that constructive dismissal requires a fundamental breach of contract that forces you to resign. If you leave for a better job offer, you cannot later claim you were forced out. Employers who act supportively and fairly can defend such claims successfully.
Similar cases
Fixed-term contract expiry: discrimination claims fail at Middlesex University
A work placement officer with 7 months' service lost her claims of discrimination, harassment, and unfair dismissal after her fixed-term contract expired. The tribunal found no evidence of unlawful treatment.
Black psychiatric nurse passed over for dual diagnosis lead role: race and sex discrimination upheld
A Black African community psychiatric nurse with 15 years' service was found to have been discriminated against when two white female colleagues were appointed to a specialist lead role he was qualified for. The tribunal upheld his claims of direct race and sex discrimination and harassment.
Attendance Officer dismissed in restructure: redundancy process upheld despite grievances
A tribunal has ruled that an Attendance Officer with 10 years' service was fairly dismissed by Wokingham Borough Council and LDBS Frays Academy Trust following a redundancy selection process, rejecting claims of race discrimination and unfair dismissal.
Claims struck out after signing COT3: tribunal finds no abuse of process
A former employee who signed a settlement agreement and later brought new claims had her case struck out as an abuse of process. The tribunal found she had mental capacity when signing.