Civil servant who resigned after Facebook investigation loses constructive dismissal claim

A Facebook post that led to a resignation

This case shows how a single social media post can trigger a disciplinary process that ultimately leads to an employee resigning. The claimant, a Disability Employment Advisor Leader with 18 years of service, made a Facebook post about Universal Credit that the DWP considered could bring the department into disrepute. The investigation concluded it could amount to gross misconduct.

What the employer did right

The DWP followed a standard process: investigation, disciplinary hearing invitation, and a refusal to hear a grievance that duplicated the disciplinary process. The tribunal found each step was reasonable. The employer had a clear social media policy, and the claimant accepted he was bound by it. The investigating officer was fair, and the disciplinary hearing eventually resulted in only a written warning — not dismissal.

Why the claim failed

The claimant argued that the referral for gross misconduct was disproportionate and that refusing his grievance was a breach of trust and confidence. But the tribunal held that the employer had reasonable and proper cause for both actions. The claimant resigned before the disciplinary process concluded, which meant he could not know what the final outcome would have been. The tribunal found no fundamental breach of contract, and the claim was dismissed.

Key takeaway for employees

If you are facing a disciplinary process, it is usually better to see it through before resigning. Resigning early can make it harder to prove that the employer's actions were a repudiatory breach. Even if you disagree with the employer's decision to investigate, the tribunal will look at whether the employer acted reasonably — not whether you think the allegations were 'nonsense'.