Constructive dismissal claim fails after collective grievance and resignation
A driving examiner who resigned after raising a collective grievance against a temporary manager has lost his constructive dismissal claim. The tribunal found no breach of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Driving Examiner from 3 September 2018 to 16 March 2021.
- He raised a grievance against his line manager Tony Walker in March 2020, alleging bullying.
- The grievance was investigated but not upheld; a counter-grievance by Walker was partially upheld.
- A collective grievance against temporary manager Andrew Rayfield was submitted by all nine examiners at Colwick in October 2020.
- The claimant resigned on 16 March 2021, claiming constructive dismissal.
- The tribunal found no breach of the implied term of mutual trust and confidence and dismissed the claim.
Timeline
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Employment started
Claimant began working as a Driving Examiner for the DVSA at Colwick test centre.
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Grievance against Tony Walker
Claimant raised a formal grievance alleging bullying and harassment by his line manager Tony Walker.
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Counter-grievance by Tony Walker
Tony Walker submitted a grievance alleging the claimant's complaint was malicious and without foundation.
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Andrew Rayfield becomes temporary manager
Andrew Rayfield took over line management of the claimant following the grievance against Walker.
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Collective grievance against Rayfield
All nine driving examiners at Colwick, including the claimant, submitted a collective grievance against Andrew Rayfield alleging bullying.
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Claimant signed off sick
Claimant obtained a fit note citing work-related stress and hypertension, and did not return to work.
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Transfer to Leicester and investigation announced
Craig Lambourn informed the claimant of a temporary transfer to Leicester and a further investigation into his behaviour.
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Resignation
Claimant resigned with immediate effect, claiming constructive dismissal.
The legal issue
The tribunal had to decide whether the employer's handling of grievances and management actions amounted to a repudiatory breach of contract, entitling the employee to resign and claim constructive dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal. It found that the employer's actions, including the handling of grievances and the decision to transfer the claimant, did not breach the implied term of mutual trust and confidence. The claimant had also affirmed the contract by continuing to work after the alleged breaches. No compensation was awarded.
Lessons & takeaways
- To succeed in a constructive dismissal claim, you must show a fundamental breach of contract by your employer that caused you to resign.
- Continuing to work after an alleged breach can be seen as affirming the contract, which may weaken a constructive dismissal case.
- Collective grievances can be a sign of workplace issues, but they do not automatically prove a breach of trust and confidence by the employer.
- Resigning without giving your employer a chance to address concerns may undermine a constructive dismissal claim.
What this case shows
This case highlights the difficulty of proving constructive dismissal, especially when an employee continues to work after the alleged breach. The driving examiner resigned after raising a collective grievance about bullying by a temporary manager, but the tribunal found that the employer's response was reasonable and did not destroy trust and confidence.
What the employer did right
The Driver and Vehicle Standards Agency (DVSA) investigated both the claimant's individual grievance and the collective grievance. While the outcomes were not favourable to the claimant, the tribunal noted that the employer followed its procedures and took steps to address concerns, including transferring the claimant to a different location. This proactive approach helped the DVSA defend the claim.
Why the result matters
For employees considering a constructive dismissal claim, this case is a reminder that the bar is high. A resignation must be in response to a serious breach, and any delay or continued work can be interpreted as acceptance of the situation. For employers, it shows that following proper grievance procedures and offering reasonable solutions can protect against such claims.
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