Bus driver's constructive dismissal claim fails over home visit and data breach
A bus driver with over eight years' service lost his constructive unfair dismissal claim after resigning over a manager's home visit and a historic data breach. The tribunal found the employer's actions were not a repudiatory breach of trust.
1 min read · Last updated 18 May 2026
Case details
- #data-breach
- #furlough-issue
- #home-visit
- #grievance
- #last-straw
- #affirmation
Key facts
- The claimant was employed as a bus driver from 18 August 2014 to 6 January 2023.
- In 2019, a colleague disclosed the claimant's self-certification form to another employee without consent.
- The claimant was not furloughed in April 2020; the respondent had reasonable and proper cause.
- In September 2022, manager Simon Crump visited the claimant's home to check if he was driving while on sick leave.
- The claimant resigned on 6 January 2023, citing cumulative breach of trust and confidence.
- The tribunal found the respondent not liable for Mr Crump's actions as he acted outside his role.
Timeline
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Employment started
Claimant began working as a bus driver for Stephensons of Essex Ltd.
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Data breach upheld
Respondent upheld claimant's complaint about a data breach involving his self-certification form.
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Furlough scheme announced
Managing director wrote to employees about the furlough scheme.
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Claimant requested furlough
Claimant asked to be considered for furlough due to partner being high-risk.
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Claimant disclosed partner's cancer
Claimant emailed that his partner was a cancer patient, but decisions already made.
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Mr Crump's visit
Simon Crump visited claimant's home to check if he was driving while on sick leave.
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Claimant complained about visit
Claimant emailed Mr Robbie describing the visit as the 'last straw'.
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Grievance lodged
Claimant lodged a grievance about data breach, furlough, and the Crump incident.
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Grievance outcome
Grievance partially upheld; data breach upheld, but furlough and Crump allegations not upheld.
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Grievance appeal hearing
Appeal hearing conducted by Ms Teasdale; claimant terminated the hearing early.
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Grievance appeal outcome
Appeal dismissed; letter sent by Mr Massey on behalf of Mr Hiron.
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Resignation
Claimant resigned, citing cumulative breach of trust and confidence.
The legal issue
The tribunal had to decide whether a series of events – a data breach, a furlough decision, a manager's home visit, and grievance handling – together destroyed the trust and confidence between employer and employee, entitling the driver to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal.
Key reasons:
- The data breach in 2019 was upheld and remedied; the claimant affirmed the contract by continuing to work for over three years.
- The decision not to furlough the claimant in April 2020 was reasonable given the employer's operational needs.
- The manager's home visit was a personal act outside his employment scope; the employer was not vicariously liable.
- The grievance process was fair and the appeal was handled appropriately.
No compensation was awarded as the claim failed.
Lessons & takeaways
- If you experience a breach of trust but continue working for a significant period, you may be deemed to have affirmed the contract and lose the right to claim constructive dismissal.
- Not every managerial mistake or insensitive act will be attributed to the employer – especially if the manager acts outside their role or without authority.
- A single 'last straw' must be part of a series of breaches; if earlier incidents have been resolved or affirmed, they may not count.
- Employers can defend constructive dismissal by showing they had reasonable and proper cause for their actions, such as operational needs during furlough.
What this case shows in practice
This case illustrates the high bar for constructive dismissal claims, even where an employee has a long service record and feels genuinely aggrieved. The bus driver had raised a series of complaints over several years – a data breach in 2019, a furlough decision in 2020, and a manager's home visit in 2022. Yet the tribunal found that none of these, alone or together, crossed the line into a repudiatory breach of the implied term of trust and confidence.
What the employer did right
Stephensons of Essex Limited handled the data breach promptly by upholding the complaint and implementing training. The furlough decision was based on operational needs – the company was a key worker service during the pandemic. The tribunal also noted that the grievance process was fair, and the appeal was conducted properly, even though the claimant terminated the appeal hearing early. The employer's careful documentation and reasonable responses helped defeat the claim.
Why the result matters
For employees considering a constructive dismissal claim, this case is a reminder that delay can be fatal. The claimant waited over three years after the data breach before resigning, which the tribunal treated as affirmation of the contract. The 'last straw' – the home visit – was not enough to revive earlier grievances. The case also shows that employers are not automatically liable for every act of a manager; if the manager acts outside their role, the employer may escape vicarious liability. For anyone thinking of resigning and claiming constructive dismissal, the key lesson is to act promptly and ensure the final act is itself a serious breach, not just a minor irritation.
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