PWE sign-off delay: resignation over unauthorised absence meeting was not constructive dismissal
A graduate trainee accountant who resigned after being invited to a disciplinary meeting for unauthorised absence failed to prove constructive unfair dismissal. The tribunal found the employer's conduct did not breach trust and confidence.
2 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #pwe-sign-off
- #unauthorised-absence
- #disciplinary-meeting
- #last-straw
- #trust-and-confidence
Key facts
- The claimant was a graduate trainee accountant employed since September 2010.
- The claimant needed 450 days of practical work experience (PWE) to qualify as an accountant.
- The respondent agreed to sign off 200 PWE days in April 2019 but did not submit them to ICAEW until November 2020.
- The ICAEW took over a year to log the PWE days, causing the claimant frustration.
- The claimant was absent from work from November 2021 and refused to return until PWE days were logged.
- The respondent invited the claimant to a disciplinary meeting for unauthorised absence, which the claimant treated as the last straw.
Timeline
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Employment started
Claimant joined as a graduate trainee accountant.
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Claimant emailed complaint
Claimant emailed Anna Blackman expressing discontent and raising PWE sign-off issue.
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Meeting with Trevor Smith
Mr Smith offered to increase approved PWE days to 150.
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Meeting with Blackman and Pope
No specific number of PWE days agreed; further discussion deferred to claimant's return to work.
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Pope email
Mr Pope suggested discussing PWE days upon claimant's return to work.
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Claimant returned to work
Claimant returned after long sickness absence.
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PWE days signed off
Trevor Smith signed off 200 PWE days and submitted to ICAEW.
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ICAEW logged PWE days
ICAEW finally updated claimant's training record with 200 PWE days.
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Disciplinary invitation
Claimant invited to disciplinary meeting for unauthorised absence.
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Claimant resigned
Claimant resigned with immediate effect, claiming constructive dismissal.
The legal issue
The tribunal had to decide whether the employer's conduct — including delays in signing off practical work experience (PWE) days, refusal of retrospective leave, and the decision to invite the claimant to a disciplinary meeting for unauthorised absence — constituted a fundamental breach of the implied term of trust and confidence, entitling the claimant to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claimant's claim for constructive unfair dismissal.
The key reasons were:
- The delay in signing off PWE days was not a breach of contract; the employer eventually signed them off and submitted them to ICAEW.
- The employer was entitled to treat the claimant's absence from November 2021 as unauthorised and to invite him to a disciplinary meeting.
- The invitation to a disciplinary meeting was a reasonable management step, not a repudiatory breach.
- The claimant's resignation was not in response to a fundamental breach; the employer had not destroyed the relationship of trust and confidence.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer — delays or frustrations that are eventually resolved may not meet this threshold.
- An invitation to a disciplinary meeting for unauthorised absence is not automatically a 'last straw' — it can be a reasonable management response.
- Employees who refuse to return to work pending resolution of a grievance risk being treated as absent without authorisation, which can undermine a constructive dismissal claim.
- Long service does not automatically make a minor breach fundamental; the breach must go to the root of the contract.
What this case shows
This case illustrates the high bar for constructive dismissal claims. The claimant, a graduate trainee accountant with 11 years' service, became frustrated when his employer delayed signing off 200 days of practical work experience (PWE) needed for his qualification. Although the employer eventually signed off the days and submitted them to the ICAEW, the claimant felt the delay was unreasonable and stopped attending work. He refused to return until the PWE days were logged, and when the employer invited him to a disciplinary meeting for unauthorised absence, he resigned, claiming constructive dismissal.
The tribunal found that the employer's conduct did not amount to a fundamental breach of the implied term of trust and confidence. The delay in signing off PWE days was not a breach of contract — the employer had agreed to sign them off and did so, albeit after some delay. The invitation to a disciplinary meeting was a reasonable management response to the claimant's unauthorised absence, not a repudiatory act. The claimant's own decision to stay away from work and refuse to return undermined his position.
What the employer did right
PricewaterhouseCoopers LLP could have handled the PWE sign-off more promptly, but the tribunal noted that the employer did eventually sign off the days and submit them to the ICAEW. The employer also engaged with the claimant's complaints and offered to discuss the matter further. When the claimant failed to attend work, the employer followed a proper process by inviting him to a disciplinary meeting. This was a reasonable step, not a breach of contract.
Why this matters
For employees, this case is a reminder that constructive dismissal claims require a clear, fundamental breach by the employer. Frustration with delays or administrative issues, even if justified, may not be enough if the employer ultimately resolves the issue. For employers, it shows that inviting an employee to a disciplinary meeting for unauthorised absence is generally safe, provided the absence is genuinely unauthorised and the process is fair.
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