Apprentice network engineer loses constructive dismissal claim after unauthorised vehicle use
An apprentice network engineer with four months' service failed to prove constructive dismissal after being dismissed for gross misconduct. The tribunal awarded £225.23 for unpaid wages.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #unauthorised-deduction
- #overtime
- #gross-misconduct
- #new-joiner-procedure
- #grievance-procedure
Key facts
- The claimant was employed as an apprentice network engineer from 14 February 2022 to 26 May 2022.
- The claimant used the company vehicle for personal purposes on 28 February and 1 March 2022, in breach of policy.
- The claimant was late to training on multiple occasions in early March 2022.
- The claimant was suspended on 10 March 2022 pending investigation into misconduct.
- The claimant resigned on 26 May 2022 after receiving notice of dismissal.
- The tribunal found the respondent was not in breach of contract and the claimant was not constructively dismissed.
Timeline
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Employment started
Claimant began employment as an apprentice network engineer and signed the driving and use of vehicles policy.
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Unauthorised vehicle use
Claimant used company vehicle to view an apartment, which was personal use.
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Further unauthorised vehicle use
Claimant used company vehicle for personal purposes after work.
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Late for training
Claimant arrived late to training in Exeter and was late returning from lunch.
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Altercation with trainer
Claimant was late returning from lunch; trainer Bradley Wills raised his voice; claimant was removed from the course.
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Fact-finding meeting and suspension
Claimant attended a new joiner meeting where manager Kevin Westall conducted a fact-find; claimant was suspended pending investigation.
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Dismissal decision
Jim Prichard decided to dismiss the claimant for gross misconduct, with notice ending 27 May 2022.
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Claimant resigned
Claimant resigned with immediate effect, citing breach of contract.
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Claim presented
Claimant presented his claim to the employment tribunal.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed (i.e., forced to resign due to a fundamental breach of contract by the employer), and whether he was owed unpaid wages and holiday pay.
The outcome
The tribunal dismissed the constructive dismissal claim, finding that Openreach Ltd had not breached the implied term of trust and confidence. The claimant's resignation was not in response to a fundamental breach.
However, the tribunal upheld a claim for unpaid wages of £225.23, relating to overtime worked. The claims for holiday pay and discrimination were dismissed.
- Unpaid wages: £225.23
- All other claims: Dismissed
Lessons & takeaways
- Constructive dismissal claims require a fundamental breach of contract by the employer; minor disagreements or disciplinary action are unlikely to suffice.
- Employees with short service may find it harder to prove that an employer's actions were unreasonable, as the employer has less history to draw on.
- Keep records of all communications and policies signed; the claimant's signed policy on vehicle use undermined his case.
- Resigning before the employer's disciplinary process concludes can weaken a constructive dismissal claim, as the employee may be seen as jumping before being pushed.
A short-lived apprenticeship ends in dispute
This case shows how quickly a new job can sour when an employee fails to follow clear policies. The claimant, an apprentice network engineer, had been with Openreach Ltd for just over three months when he was dismissed for gross misconduct. The trigger was unauthorised personal use of a company vehicle, combined with lateness and a confrontation with a trainer.
What went wrong for the claimant?
The claimant argued that Openreach's handling of the disciplinary process amounted to a fundamental breach of contract, forcing him to resign. He pointed to being invited to a meeting without prior notice, being suspended, and having his grievance ignored. However, the tribunal found that Openreach had followed a reasonable process, including a fact-finding meeting and a decision by a separate manager. The claimant's own conduct — using the vehicle for personal trips and being late — was the reason for the dismissal.
Why the result matters
This case is a reminder that constructive dismissal claims are hard to win. The employee must show that the employer's conduct was so serious it destroyed the trust and confidence necessary for the employment relationship. Here, the tribunal concluded that Openreach's actions were within the range of reasonable responses, especially given the claimant's short service and the clear breach of policy.
The claimant did succeed in recovering £225.23 for unpaid overtime, but the main claims — including discrimination and wrongful dismissal — failed entirely. For employees considering a similar claim, the key takeaway is that a resignation during a disciplinary process will rarely be seen as constructive dismissal unless the employer has acted in a truly unreasonable way.
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