Carer who resigned via WhatsApp after COVID-19 self-isolation dispute loses constructive dismissal claim
A carer who sent a WhatsApp message saying 'I'm done' after a disagreement about self-isolation and pay has lost her constructive unfair dismissal claim. The tribunal found no fundamental breach of contract by her employer.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #covid-19
- #self-isolation
- #ssp-vs-furlough
- #holiday-pay
- #zero-hours-worker
Key facts
- The claimant was employed as a carer for a disabled individual from January 2018 to December 2020.
- In May 2020, the claimant broke her leg and was offered a choice between SSP and holiday pay; she chose holiday pay.
- In December 2020, the claimant's brother tested positive for COVID-19, and she was asked to self-isolate by the respondent.
- The claimant resigned on 27 December 2020, stating 'I'm done' in a WhatsApp message.
- The respondent offered the claimant the chance to reconsider and use the grievance procedure, but she declined.
- The claimant was paid all accrued holiday pay, with an overpayment corrected by re-categorisation.
Timeline
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Employment start date (claimant's contention)
The claimant began working as a carer for the respondent.
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Claimant broke her leg
The claimant was absent from work for about 5 weeks. She was offered a choice between SSP and holiday pay, and chose holiday pay.
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Respondent asked claimant to work
The respondent asked the claimant to work on Christmas Eve. The claimant had not informed him of any COVID-19 contact, so the request was not against guidelines.
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Claimant took COVID-19 test
The claimant took a COVID-19 test and informed the respondent. She decided not to return to work until she received results.
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Claimant resigned via WhatsApp
The claimant sent a message saying 'I'm done…Find someone else to work. I'm leaving.'
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Claimant emailed resignation
The claimant emailed the respondent confirming her resignation effective from that day.
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Respondent offered reconsideration
The respondent asked if the claimant wished to reconsider her resignation and offered the grievance procedure. The claimant told him to 'go away'.
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Payroll correction letter
The respondent's payroll team sent a letter explaining that holiday pay had been overpaid and re-categorised as wages.
The legal issue
The tribunal had to decide whether the employer's conduct, including how it handled SSP, holiday pay, and self-isolation instructions, amounted to a fundamental breach of contract that entitled the carer to resign and claim constructive dismissal.
The outcome
The tribunal found that the carer was not constructively dismissed. The key reasons were:
- The employer's offer of a choice between SSP and holiday pay in May 2020 was not a breach; the carer chose holiday pay and was paid.
- Asking the carer to work on Christmas Eve was not unreasonable as she had not disclosed any COVID-19 contact at that point.
- Paying SSP instead of furlough during self-isolation was not a breach; the carer was not eligible for furlough under the scheme's rules.
- The carer's resignation via WhatsApp was not in response to a fundamental breach; she had not raised any grievance and rejected the employer's offer to reconsider.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer – a disagreement about pay or policies is not enough.
- Resigning in the heat of the moment, especially via text or WhatsApp, can weaken a constructive dismissal claim if you haven't first raised a grievance.
- Employers can offer a choice between SSP and holiday pay without breaching contract, as long as the employee agrees and is paid correctly.
- Self-isolation pay is not automatically furlough – check the government scheme rules; SSP may be the correct payment if furlough criteria are not met.
This case shows the high bar for constructive dismissal claims, particularly where the employee resigns abruptly without first using internal procedures.
The carer, who had worked for a disabled individual for nearly three years, resigned via WhatsApp after a series of disputes about pay and self-isolation. She claimed the employer had forced her to take holiday pay instead of SSP, asked her to work against COVID-19 guidance, and failed to put her on furlough. However, the tribunal found that none of these actions amounted to a fundamental breach of the implied term of trust and confidence.
What the employer did right
The employer offered the carer a genuine choice between SSP and holiday pay when she broke her leg – she chose holiday pay and received it. When she later disclosed a COVID-19 contact, the employer did not ask her to work; he simply asked her to work before she disclosed it, which was not unreasonable. He also paid her SSP during self-isolation, which was correct as she did not meet furlough criteria. When she resigned, he offered her the chance to reconsider and use the grievance procedure, which she declined.
Why the result matters
For employees considering a constructive dismissal claim, this case is a reminder that you must show the employer's conduct was so serious that it destroyed trust and confidence – and that you resigned in response to that conduct, not just because you were upset. Resigning without giving the employer a chance to put things right can be fatal to the claim. For employers, it shows that offering reasonable choices and following government guidance on pay can defeat such claims, even where the employee feels aggrieved.
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