Coach driver who resigned over fume fears wins constructive dismissal claim
A coach driver who repeatedly raised concerns about diesel fumes in his minibus and resigned after a poorly handled disciplinary meeting has won his claim for constructive unfair dismissal.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a coach driver from 2 October 2017 to 6 October 2020.
- The claimant repeatedly raised concerns about fumes entering the cabin of the minibus he drove, causing him health issues.
- The respondent failed to properly investigate the claimant's safety concerns or replace the vehicle.
- The respondent did not investigate a complaint from the school about the claimant before calling him to a meeting.
- The disciplinary meeting on 28 September 2020 was conducted unprofessionally, with no proper notes taken.
- The claimant resigned on 6 October 2020 citing a breakdown of trust and confidence.
Timeline
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Employment start
Claimant started work as a coach driver for Seaward Travel Ltd.
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First complaint about fumes
Claimant raised concerns about fumes in the minibus to Mr Cassell and emailed Mr Seaward.
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Vehicle inspection
Respondent engaged PSV Services to inspect the minibus; no obvious fault found.
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Furlough due to COVID-19
Respondent closed business and placed employees on furlough.
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Return to work
Claimant returned to work; found minibus still had fumes and heating issues.
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School complaint
School complained about claimant's attitude to COVID-19 and lack of sanitising gel.
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Further complaint and sick leave
Claimant raised concerns again; went home sick and was absent for two weeks.
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Invitation to meeting
Claimant invited to a SOSR meeting to discuss removal from school run.
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Disciplinary meeting
Meeting held; claimant suspended on full pay pending investigation.
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Resignation
Claimant resigned with immediate effect, citing constructive dismissal.
The legal issue
The tribunal had to decide whether the employer's failure to act on safety concerns and its handling of a disciplinary meeting amounted to a fundamental breach of contract, entitling the employee to resign and claim constructive unfair dismissal.
The outcome
The tribunal upheld the claim for constructive unfair dismissal but dismissed claims for automatic unfair dismissal based on protected disclosures or health and safety reasons.
The key reasons were:
- Seaward Travel Ltd failed to properly investigate the driver's repeated complaints about fumes entering the minibus cabin.
- The employer did not investigate a complaint from a school before calling the driver to a meeting.
- The disciplinary meeting on 28 September 2020 was conducted unprofessionally, with no proper notes taken.
No compensation was awarded as the remedy hearing is yet to be listed.
Lessons & takeaways
- Employers must take employee health and safety concerns seriously and investigate them properly, or risk a finding of breach of trust and confidence.
- A disciplinary process that is rushed or lacks proper investigation can itself be a breach of contract, even if the employee resigns before the process concludes.
- Employees who resign in response to a fundamental breach by their employer may have a claim for constructive unfair dismissal, even if other claims (like whistleblowing) fail.
When safety concerns go unheard
This case highlights the importance of employers taking employee health and safety concerns seriously. The coach driver repeatedly reported that diesel and carbon monoxide fumes were entering the cabin of the minibus he drove, making him unwell. Despite these complaints, Seaward Travel Ltd failed to properly investigate or replace the vehicle, leaving the driver to continue working in what he believed to be unsafe conditions.
A disciplinary process that backfired
The situation escalated when the employer received a complaint from a school about the driver's attitude to COVID-19 precautions. Without investigating the complaint, the company called the driver to a meeting. The tribunal found that the meeting was conducted unprofessionally, with no proper notes taken, and the driver was suspended on full pay pending an investigation. Feeling that the trust and confidence in his employer had been destroyed, the driver resigned.
What the tribunal decided
The tribunal concluded that Seaward Travel Ltd's failures—both in addressing the fume concerns and in handling the disciplinary process—amounted to a breach of the implied term of trust and confidence. This entitled the driver to resign and claim constructive unfair dismissal. However, the tribunal rejected claims that the dismissal was automatically unfair for making protected disclosures or for health and safety reasons, as the driver's complaints were not deemed to be in the public interest or to involve circumstances of imminent danger.
Why this matters
For employees, this case shows that a pattern of ignored safety concerns combined with a flawed disciplinary process can support a constructive dismissal claim. For employers, it serves as a reminder that failing to investigate complaints properly and conducting meetings without basic procedural fairness can be costly, even if other legal claims are not made out.
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