Pharmacy manager resigns over staffing concerns: constructive dismissal claim fails
A pharmacy manager who resigned after his employer reduced hours based on computer modelling has lost his constructive dismissal claim. The tribunal found no fundamental breach of contract.
1 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #protected-disclosure
- #staffing-levels
- #pharmacy
- #budget-reduction
- #grievance
Key facts
- The claimant was employed as Pharmacy Manager at St Davids pharmacy from 2006 until his resignation on 25 March 2022.
- The respondent allocated reduced working hours for the 2021/22 financial year based on MAX:E computer modelling.
- The claimant raised concerns about patient and staff safety due to the reduced hours in emails from September to December 2021.
- The respondent conducted a consultation process with staff about implementing the hours, but the claimant's post was not at risk.
- The claimant resigned on 31 December 2021 after his grievance was not upheld.
- The tribunal found no fundamental breach of contract by the respondent.
Timeline
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Meeting about allocated hours
Mr Ghafar informed the claimant of the reduced hours for St Davids for 2021/22.
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Claimant emails concerns
The claimant emailed Mr Ghafar expressing concerns about patient and staff safety due to the reduced hours.
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Consultation process begins
First consultation meeting with staff at St Davids; claimant sent further emails of concern.
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Second consultation meeting
Claimant met Mr Ghafar; agreed to run MAX:E calculations monthly.
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Claimant drafts resignation letter
Claimant sent draft resignation letter to a colleague for comments.
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Claimant raises formal grievance
Claimant submitted a formal grievance to Jacqueline Lunardi.
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Grievance outcome
Neil Cadden issued grievance outcome, not upholding any of the claimant's complaints.
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Claimant appeals grievance
Claimant submitted an appeal against the grievance outcome.
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Claimant resigns
Claimant tendered his resignation, effective 25 March 2022.
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Grievance appeal outcome
Simran Sekhon upheld the original grievance decision.
The legal issue
The tribunal had to decide whether the employer's decision to reduce pharmacy hours based on a computer model, and its handling of the manager's safety concerns, amounted to a fundamental breach of contract that entitled him to resign and claim constructive unfair dismissal. It also considered whether the manager had made protected disclosures.
The outcome
The tribunal dismissed both claims of constructive unfair dismissal and constructive automatic unfair dismissal for making protected disclosures.
Key reasons:
- The employer had a reasonable basis for the hours reduction (MAX:E modelling) and conducted a genuine consultation process.
- The manager's concerns about patient and staff safety were taken seriously, but the employer's response was not a breach of contract.
- The manager's resignation was not caused by a fundamental breach; he had already drafted his resignation letter before the grievance outcome.
No compensation was awarded as the claims failed entirely.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer; a disagreement over business decisions, even if strongly felt, is unlikely to meet that threshold.
- Raising safety concerns does not automatically make a resignation a protected-disclosure dismissal; the employer's response must be linked to the disclosure.
- If you resign before your grievance is fully resolved, the tribunal may view your resignation as premature and not caused by the employer's conduct.
- Employers who follow a reasonable consultation process and consider employee concerns are less likely to be found in breach of contract.
When a disagreement isn't a breach
This case shows the high bar for constructive dismissal claims. The pharmacy manager had 15 years' service and genuinely believed that reduced hours would compromise patient and staff safety. However, the tribunal found that his employer, Bestway Panacea Holdings Limited, had acted reasonably by using a computer model to allocate hours and by consulting staff about the changes.
The manager raised his concerns repeatedly, but the employer responded by meeting with him and agreeing to review the hours monthly. The tribunal noted that the employer did not ignore him; it simply disagreed with his assessment. That disagreement, without more, does not amount to a fundamental breach of the implied duty of trust and confidence.
The timing problem
A key factor was that the manager had already drafted his resignation letter before his formal grievance was rejected. This suggested that his decision to leave was not driven by the grievance outcome but by his earlier dissatisfaction. The tribunal also found that his resignation came before the employer had a chance to complete its internal processes, which weakened his claim that the employer's conduct forced him out.
What this means for similar claims
Employees considering a constructive dismissal claim should remember that they must resign in response to a fundamental breach, not just a perceived unfairness. They should also allow internal procedures to run their course before resigning, or risk the tribunal concluding that the employer's conduct was not the real cause of the resignation.
For employers, the case is a reminder that a structured consultation process and a willingness to listen to concerns can go a long way to defending a constructive dismissal claim, even when the employee feels strongly that safety is at risk.
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