Caretaker's constructive dismissal claim over impoliteness and criticism fails
A caretaker with 16 years' service resigned after a series of incidents with a new Town Clerk, but the tribunal found no breach of trust and confidence. The claim was dismissed.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #trust-and-confidence
- #impoliteness
- #shadowing
- #criticism-of-work
- #resignation
Key facts
- The claimant was employed as a caretaker from 11 April 2006.
- A new Town Clerk, Marzia Sellitti, was appointed on 6 September 2021.
- On 11 September 2021, the Town Clerk was impolite to the claimant by waving her away.
- On 13 September 2021, a meeting occurred where the claimant felt her contract was being challenged.
- The claimant sent an email on 14 September 2021 raising concerns, but the tribunal found it was not a formal grievance.
- On 8 October 2021, the Town Clerk emailed the claimant criticising specific cleaning work.
- The claimant resigned on 10 October 2021, citing bullying and unfair treatment.
Timeline
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Employment started
The claimant began continuous employment as a caretaker.
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New Town Clerk appointed
Marzia Sellitti was appointed as Town Clerk.
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Impolite encounter
The claimant arrived early for a meeting but was waved away by the Town Clerk.
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Meeting with Town Clerk
The claimant met with the Town Clerk; discussion about payments and hours occurred.
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Claimant's email and response
The claimant emailed concerns; the Town Clerk replied clarifying no intention to change contract.
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Critical email from Town Clerk
The Town Clerk emailed the claimant stating cleaning was not adequate.
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Resignation
The claimant resigned with immediate effect, citing unfair treatment and bullying.
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Hearing day 1
The tribunal hearing commenced.
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Hearing day 2 and judgment
The tribunal concluded and dismissed the claim.
The legal issue
The tribunal had to decide whether a series of acts by the employer—including alleged impoliteness, criticism of work, and failure to respond to a grievance—cumulatively breached the implied term of trust and confidence, amounting to constructive unfair dismissal.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal.
The key reason was that the employer's conduct, while perhaps not ideal, did not cross the threshold of breaching the implied term of trust and confidence. The tribunal found that the Town Clerk had reasonable and proper cause for her actions, such as raising performance concerns and clarifying contractual terms.
No compensation was awarded as the claim failed.
Lessons & takeaways
- A single act of impoliteness or criticism is unlikely to amount to a breach of trust and confidence unless it is part of a pattern of serious misconduct.
- Employees who feel mistreated should raise formal grievances promptly; informal emails may not be treated as grievances by tribunals.
- Employers can discuss performance and contractual changes without automatically destroying trust and confidence, as long as they have reasonable grounds.
When does employer conduct cross the line?
This case illustrates the high threshold for constructive dismissal claims. The caretaker, who had worked for the council for 16 years, resigned after a series of incidents with a newly appointed Town Clerk. These included being waved away, a meeting where her contract was discussed, and an email criticising her cleaning work. The tribunal, however, found that these events did not cumulatively breach the implied term of trust and confidence.
What the employer did right
The council was able to show that the Town Clerk had reasonable and proper cause for her actions. The meeting on 13 September was about clarifying the claimant's hours and payments, which was a legitimate management function. The critical email on 8 October was based on specific observations of inadequate cleaning, which the tribunal accepted as a genuine performance concern. The tribunal also noted that the claimant's email of 14 September was not a formal grievance, so the council's failure to treat it as such was not a breach.
What the claimant could have done differently
The claimant resigned very quickly—just two days after the critical email and only a month after the first incident. The tribunal noted that she did not give the employer a chance to address her concerns through proper channels. A formal grievance might have led to a different outcome. For employees considering a constructive dismissal claim, this case is a reminder that the bar is high: the employer's conduct must be so serious that it goes to the root of the contract. Minor slights or management discussions about performance, even if poorly handled, are unlikely to meet that test.
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