Bus driver with 27 years' service resigns at disciplinary hearing: constructive dismissal claim fails
A bus driver who resigned at the start of a disciplinary hearing for driving through a red light lost his constructive dismissal claim. The tribunal found no breach of contract by London General Transport Services Limited.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a bus driver from 25 January 1993 until his resignation on 8 October 2020.
- He was dismissed on 29 October 2018 for ill-health capability but re-employed on 18 December 2018 on different terms, including a lower grade (GDC4).
- In 2020, the claimant received several disciplinary warnings for dangerous driving and customer complaints.
- On 8 October 2020, the claimant resigned by handing a handwritten resignation notice at the start of a disciplinary hearing.
- The claimant later attempted to retract his resignation but was not permitted to do so.
- The tribunal found no breach of contract by the respondent and dismissed both claims.
Timeline
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Employment started
Claimant started work as a bus driver for the respondent.
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Dismissed for ill-health capability
Claimant was dismissed due to long-term sick absence.
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Re-employed on new terms
Claimant was re-employed with preserved continuity but on different terms, including a lower grade (GDC4) and a different pension scheme.
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Final written warning
Claimant received a final written warning for dangerous driving.
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Customer complaint about red light
A member of the public complained that the claimant drove through a red light.
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Fact-finding meeting
Ms James conducted a fact-finding meeting; claimant admitted going through a red light after being shown CCTV.
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Resignation
At the start of a disciplinary hearing, the claimant handed in a resignation notice with immediate effect.
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Attempt to retract resignation
Claimant spoke to Mr Corbin, was offered retraction if he attended the disciplinary hearing, but declined.
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Resignation accepted
Ms Keane wrote to the claimant acknowledging resignation and final pay.
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Final hearing
The tribunal heard the case and dismissed all claims.
The legal issue
The tribunal had to decide whether the employer's conduct amounted to a fundamental breach of contract entitling the claimant to resign and claim constructive dismissal, and whether there were unauthorised deductions from wages.
The outcome
The tribunal dismissed both claims. It found that the employer had not breached the implied term of trust and confidence. The disciplinary process was fair, and the claimant's resignation was a voluntary act. The claim for unauthorised deductions also failed because the claimant was paid at the correct grade after his re-employment.
- No compensation awarded.
- The claimant was ordered to pay £6,000 in costs and a £200 deposit to the respondent due to unreasonable conduct in the proceedings.
Lessons & takeaways
- Resigning before a disciplinary hearing can be risky — if the employer has acted reasonably, you may lose the right to claim constructive dismissal.
- A deposit order is a warning that your case has weak prospects — ignoring it can lead to costs if you lose.
- Length of service does not automatically make a dismissal unfair if the employer follows a fair process.
- Attempting to retract a resignation after it has been accepted is unlikely to succeed unless the employer agrees.
A long-serving driver's gamble that didn't pay off
This case shows the risks of resigning before a disciplinary process has concluded. The claimant, a bus driver with 27 years' service, handed in a handwritten resignation at the start of a hearing about a red-light incident. He later tried to retract it, but the employer refused. The tribunal found that the employer had not breached his contract — the disciplinary process was fair, and the resignation was his own choice.
What the employer did right
London General Transport Services Limited followed a reasonable procedure: a fact-finding meeting, a clear warning, and a scheduled disciplinary hearing. The claimant admitted the misconduct after being shown CCTV. The tribunal noted that the employer offered to allow him to retract his resignation if he attended the hearing, but he declined. This undermined any claim that the employer forced him out.
Why this matters for similar claims
Constructive dismissal requires a fundamental breach of contract by the employer. Resigning in the heat of the moment, without giving the employer a chance to complete its process, rarely succeeds. The claimant also faced a costs order of £6,000 for pursuing weak claims after a deposit order. This case is a reminder that employees should think carefully before resigning and should seek advice if they believe they have been forced out.
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