Constructive dismissal after assault by managing director: ACAS code uplift applied
A vehicle technician who was assaulted by his managing director and resigned two days later has been awarded £16,963.75 for constructive unfair dismissal. The employer conceded liability but disputed the compensation amount.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #assault-at-work
- #acas-code-uplift
- #failure-to-mitigate
- #mental-health-injury
- #physical-injury-not-proven
Key facts
- The claimant was assaulted by the managing director on 10 November 2021.
- The claimant resigned on 12 November 2021 citing fundamental breach of contract.
- The respondent conceded liability for unfair dismissal.
- The claimant suffered mental health difficulties but no physical injury was proven.
- The claimant failed to mitigate his loss after 30 April 2022.
- The ACAS Code uplift of 25% was applied due to the respondent's total failure to comply.
Timeline
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Employment started
Claimant began working as a vehicle technician/workshop manager.
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Assault at work
Claimant was subjected to an unprovoked aggressive verbal and physical assault by the managing director, Jason Tarling.
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Resignation
Claimant resigned with immediate effect, citing fundamental breach of contract and an unsafe working environment.
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Fit note issued
First fit note covering stress, anxiety, panic attack, alleged assault at work, valid until 4 January 2022.
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First MOT test after resignation
Claimant carried out an MOT test to maintain his license.
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Managing director convicted
Jason Tarling pleaded guilty to assault.
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Cut-off for immediate loss
Tribunal found claimant could have begun job search by this date; immediate loss of earnings limited to 24 weeks.
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First mention of hip pain in fit note
Fit note first recorded right hip pain, over six months after the incident.
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Hearing
Substantive hearing at East London Hearing Centre by CVP.
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Judgment issued
Employment Judge B Elgot issued judgment awarding £16,963.75.
The legal issue
The tribunal had to decide the amount of compensation for constructive unfair dismissal, including whether the claimant had mitigated his loss after resigning following an assault by the managing director.
The outcome
The claimant won his claim for constructive unfair dismissal. The employer conceded liability, so the hearing focused on remedy.
Key findings:
- The claimant was entitled to a basic award of £2,176 and a compensatory award of £12,302.74 (including £11,733.84 for 24 weeks' loss of earnings, £500 for loss of statutory rights, and £68.90 for direct costs).
- A 25% ACAS code uplift of £3,075.69 was applied because the employer completely failed to follow the ACAS Code.
- A credit of £590.68 was deducted for holiday pay already paid.
- No award for future loss was made because the tribunal found the claimant had failed to mitigate his loss after 30 April 2022.
Lessons & takeaways
- If you are assaulted at work, you may have a claim for constructive unfair dismissal if you resign in response to the employer's fundamental breach of contract.
- The ACAS Code of Practice on disciplinary and grievance procedures applies to workplace disputes; a total failure to follow it can lead to an uplift of up to 25% on compensation.
- You must take reasonable steps to find a new job after resigning; failure to mitigate your loss can limit the compensation you receive for future loss of earnings.
- Keep records of any direct costs incurred as a result of the incident, such as prescription charges or travel to hospital, as these may be recoverable.
What this case shows in practice
This case illustrates how a workplace assault can lead to a successful constructive dismissal claim. The claimant, a vehicle technician and workshop manager with four years' service, was subjected to an unprovoked verbal and physical assault by the managing director. He resigned two days later, citing a fundamental breach of contract and an unsafe working environment. The employer conceded liability, meaning the tribunal only needed to decide compensation.
The claimant suffered mental health difficulties after the incident and provided fit notes for stress and anxiety. However, the tribunal found that he had not proven any physical injury, as his first mention of hip pain came over six months later. This limited the compensation for direct costs to £68.90 for prescription charges and travel.
What the employer could have done differently
The employer's total failure to comply with the ACAS Code of Practice on disciplinary and grievance procedures proved costly. The tribunal applied a 25% uplift to the compensatory award, adding over £3,000 to the total. Had the employer followed the Code – for example, by investigating the assault or offering support – this uplift could have been avoided. The employer also did not argue for a Polkey reduction or contributory fault, which might have reduced the award.
Why the result matters for similar claims
This decision highlights the importance of mitigating loss after resignation. The tribunal limited the claimant's immediate loss of earnings to 24 weeks (until 30 April 2022), finding he could have begun a job search by then. No future loss was awarded because he had not taken reasonable steps to find work. For anyone considering a constructive dismissal claim, this case underscores the need to actively seek new employment and keep evidence of those efforts. It also shows that an employer's failure to follow the ACAS Code can significantly increase compensation.
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