Bus driver's constructive dismissal and discrimination claims fail after resignation over unpaid leave
A bus driver who resigned after a dispute about unpaid leave and alleged unfair treatment during the pandemic has lost all his claims at an employment tribunal.
1 min read · Last updated 18 May 2026
Case details
- #bus-driver
- #polish-nationality
- #covid-19
- #furlough
- #merit-award
- #unpaid-leave
- #ppe
Key facts
- The claimant was employed as a bus driver from 1 May 2019 until he resigned on 15 July 2020.
- The claimant's bicycle and car tyres were vandalised at the depot, but no culprit was identified.
- The claimant did not receive a merit award; the tribunal accepted the respondent's explanation regarding timekeeping issues.
- The claimant was recalled from furlough during the COVID-19 pandemic, but other drivers with shielding letters remained on furlough.
- The claimant took unpaid leave to visit Poland in June/July 2020 after exhausting his annual leave.
- The claimant resigned after a confrontation about unpaid leave, but the tribunal found no breach of contract.
Timeline
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Employment started
Claimant commenced employment as a bus driver with D&G Bus Limited.
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Vandalism incidents
Claimant's bicycle and car tyres were slashed at the depot; no culprit identified.
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COVID-19 disruption
Claimant was initially furloughed but recalled after three weeks.
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Complaint about treatment
Claimant complained about not receiving merit award, route allocation, and being recalled from furlough.
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Leave to Poland
Claimant took unpaid leave to visit Poland, having exhausted annual leave.
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Return from leave
Claimant returned from Poland and queried why the leave was unpaid.
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Resignation
Claimant resigned after a confrontation with Mrs Cheshire about unpaid leave.
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Claim presented
Claimant presented claims for unfair dismissal, discrimination, and other complaints.
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Hearing start
Substantive hearing commenced at Birmingham Employment Tribunal.
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Judgment given
Tribunal dismissed all claims, finding no discrimination, no protected disclosures, and no dismissal.
The legal issue
The tribunal had to decide whether the bus driver was constructively dismissed, whether he made protected disclosures, and whether he was discriminated against on grounds of race, age, or disability.
The outcome
The tribunal dismissed all claims, including constructive unfair dismissal, discrimination, and unpaid wages.
The key reasons were:
- The bus driver resigned of his own accord; the employer did not breach the implied term of trust and confidence.
- He did not make any protected disclosures.
- He was not disabled at the relevant time, and there was no race or age discrimination.
No compensation was awarded.
Lessons & takeaways
- To succeed in a constructive dismissal claim, you must show that your employer committed a fundamental breach of contract that caused you to resign.
- A dispute about unpaid leave or holiday pay alone is unlikely to amount to a fundamental breach of contract.
- Claims of discrimination or protected disclosures need clear evidence; general feelings of unfair treatment are not enough.
- If you have less than two years' service, you cannot bring an ordinary unfair dismissal claim – only automatic unfair dismissal or discrimination claims may be possible.
- Representing yourself at tribunal is possible but challenging; consider seeking legal advice early.
A case of multiple grievances, but no legal breach
This case involved a bus driver who resigned after just over a year of employment, citing a series of grievances: vandalism of his property, being recalled from furlough while others remained, not receiving a merit award, and a dispute about unpaid leave to visit Poland. However, the tribunal found that none of these issues amounted to a fundamental breach of contract by his employer, D&G Bus Limited.
The driver resigned after a confrontation with his manager about the unpaid leave. The tribunal concluded that he left voluntarily, not in response to a breach of contract. As a result, his claim for constructive unfair dismissal failed. He also could not bring an ordinary unfair dismissal claim because he had less than two years' service.
Why the discrimination and whistleblowing claims did not succeed
The driver, who is Polish, alleged race discrimination, but the tribunal accepted the employer's explanations for its actions – for example, that others remained on furlough due to shielding letters, and that the merit award was withheld because of timekeeping issues. The tribunal also found that the driver had not made any protected disclosures; his complaints about treatment were personal grievances, not disclosures in the public interest.
What this means for similar claims
This case illustrates the high bar for constructive dismissal, especially for employees with short service. A resignation must be in response to a serious breach of contract, not just a series of frustrations. It also shows that tribunals will scrutinise discrimination claims carefully, and that employers can defend their actions if they have reasonable, non-discriminatory explanations. For employees considering a claim, gathering clear evidence of a breach or discriminatory motive is essential.
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