Bar staff wins constructive dismissal claim after being ignored for months
A bar worker with 5 years' service was constructively dismissed after his employer failed to offer him any shifts following furlough. The tribunal found a fundamental breach of contract and trust.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked as bar staff from August 2016, regularly working Saturdays.
- He was furloughed from April 2020 and taken off furlough in July 2020.
- The respondent reopened in September 2020 but did not offer the claimant any shifts.
- The claimant emailed the respondent multiple times seeking work and clarification of his status.
- The claimant resigned via an email from his partner on 1 July 2021.
- The tribunal found the respondent breached the contract by failing to offer work and breached trust and confidence.
Timeline
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Employment started
The claimant began working for the respondent as bar staff, working Saturdays from 11:30 a.m. to 6 p.m.
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Furlough started
The claimant was placed on furlough due to the COVID-19 pandemic.
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Letter about furlough ending
The respondent sent a letter asking staff for availability and stating furlough would end on 31 July 2020.
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Agreed variation
The claimant agreed to the variation that he would not receive his regular Saturday shift but would be contacted when work became available.
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Claimant emailed about furlough
The claimant emailed the respondent complaining about being taken off furlough and seeking an explanation.
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Bar reopened
The bar reopened with reduced hours, but the claimant was not offered any shifts.
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Claimant chased work
The claimant emailed the respondent to enquire about work but was told there was no news.
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Claimant sought reassurance
The claimant emailed asking if his employment conditions remained the same; the respondent replied that the industry was closed.
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Bar partially reopened
The bar reopened at weekends; the claimant learned this via Facebook and was not contacted.
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Claimant's letter
The claimant sent a letter requesting his P60, holiday pay, and clarification of his employment status.
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Resignation email
The claimant's partner sent an email stating the claimant would claim constructive dismissal, which the tribunal treated as a resignation.
The legal issue
The tribunal had to decide whether the employer's failure to offer work after furlough, and its silence in response to the employee's repeated enquiries, amounted to a fundamental breach of contract that entitled the employee to resign and claim constructive unfair dismissal.
The outcome
The tribunal ruled that the claimant was constructively and unfairly dismissed. The employer breached the contract by failing to provide work and breached the implied term of trust and confidence by ignoring the claimant's emails and not contacting him when the bar reopened.
- The claimant was awarded a finding of unfair dismissal and breach of contract.
- The claim for holiday pay was also upheld.
- Damages are to be determined at a separate remedy hearing.
Lessons & takeaways
- If you are furloughed and then not offered work when your employer reopens, you may have a claim for constructive dismissal if they ignore your requests for work.
- Keep a record of all emails and messages you send to your employer asking about work – they can be crucial evidence of a breach of trust and confidence.
- An employer's silence or failure to respond to reasonable enquiries can be as damaging as a positive act of mistreatment.
- If you are not being paid but are still employed, you may be entitled to holiday pay for the period you were not working.
When silence amounts to a breach of contract
This case shows how an employer's failure to communicate can be just as damaging as a positive act of mistreatment. The bar staff member had worked regular Saturday shifts for five years before the pandemic. When the bar reopened after lockdown, he was never offered a single shift – despite emailing multiple times to ask about work. The employer simply didn't reply, and the employee only found out the bar had reopened through Facebook.
What the employer could have done differently
The employer could have avoided this claim by simply communicating. A clear letter explaining that the role was redundant, or offering even occasional shifts, would have respected the contract. Instead, the employer's silence – and the failure to respond to the employee's email asking for his P60 and holiday pay – destroyed the trust that is fundamental to any employment relationship. The tribunal found that the employer's conduct was 'calculated or likely to destroy or seriously damage' that trust.
Why this matters for similar claims
This case is a reminder that constructive dismissal claims don't always require a dramatic incident. A series of smaller failures – not offering work, not replying to emails, not keeping promises – can add up to a 'last straw' that justifies resignation. For employees, it shows the importance of documenting every attempt to resolve the situation. For employers, it's a warning that ignoring an employee's reasonable requests can be a costly mistake.
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