Constructive dismissal claim fails after employee worked on for over a year
An education coordinator who resigned claiming constructive dismissal lost her case after the tribunal found she had affirmed the employer's breach by continuing to work for more than a year.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #race-discrimination
- #harassment
- #job-share
- #trust-and-confidence
- #micromanagement
Key facts
- The claimant was employed as an Education Coordinator from 11 June 2018 until she resigned on 23 November 2020.
- The claimant alleged constructive unfair dismissal, direct race discrimination, and harassment related to race.
- The tribunal found that the respondent failed to clarify the claimant's part-time job share terms, which was a breach of trust and confidence.
- The tribunal found that the claimant affirmed the breach by continuing to work for over a year after the breach occurred.
- The tribunal found that the claimant's treatment was not related to her race.
- All claims were dismissed.
Timeline
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Employment started
The claimant began working as an Education Coordinator at the respondent's Slough office.
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Meeting with managers
A meeting took place with Ms Trowbridge and Ms Carney where the claimant felt interrogated and humiliated about learner numbers.
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Grievance raised
The claimant submitted a written grievance about Ms Trowbridge's conduct.
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Grievance hearing
A meeting was held to discuss the claimant's grievance, chaired by Sylvia Gentleman.
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Grievance outcome
The grievance was not upheld; the report found the complaints unsubstantiated but noted a breakdown in communication.
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Moved to part-time
The claimant moved from full-time to a 0.5 FTE role, ostensibly a job share with Joe Carter.
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Meeting with June Diegan
At a meeting, Ms Diegan wagged her finger at the claimant in frustration about learner numbers.
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Signed off sick
The claimant was signed off work with work-related stress.
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Resignation
The claimant resigned by email, stating her position was untenable and working conditions intolerable.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed, meaning the employer's conduct was so serious it repudiated the contract, and whether she resigned in response to that breach without affirming it.
The outcome
The tribunal dismissed all claims. It found that the Workers Educational Association Ltd breached the implied term of trust and confidence by failing to clarify the claimant's part-time job-share arrangements. However, the claimant continued to work for over a year after that breach, which amounted to affirmation of the contract. The tribunal also found no evidence that the claimant's treatment was related to her race, so the discrimination and harassment claims failed.
No compensation was awarded.
Lessons & takeaways
- If you believe your employer has fundamentally breached your contract, you should not delay in resigning – continuing to work for a significant period can be seen as accepting the breach.
- Constructive dismissal claims require you to resign promptly in response to the breach; waiting over a year will likely defeat the claim.
- To succeed in a race discrimination claim, you need evidence linking the treatment to your race – general poor management is not enough.
- Grievance procedures may not save a claim if you later affirm the contract by continuing to work without objection.
When a breach of trust is affirmed
The case of an education coordinator who resigned after feeling undermined by her managers shows how crucial timing is in constructive dismissal claims. The tribunal accepted that the Workers Educational Association Ltd had broken the implied duty of trust and confidence by failing to clarify her job-share arrangements when she moved to part-time hours. But the claimant continued to work for over a year after that breach, including through a grievance process, before finally resigning. That delay proved fatal: the law says an employee who carries on working after a breach has 'affirmed' the contract and cannot later claim constructive dismissal.
What the employer could have done differently
The employer could have avoided the breach altogether by clearly documenting the job-share terms from the start. The tribunal noted that the confusion over roles and responsibilities contributed to the breakdown in trust. Once the breach occurred, the employer might have been able to remedy it by clarifying the arrangements, but by then the claimant had already affirmed the contract by continuing to work. For employers, clear communication and prompt resolution of role ambiguities can prevent such claims from arising.
Why this matters for similar claims
This case is a stark reminder that constructive dismissal is not a remedy for general unhappiness at work – it requires a fundamental breach that leaves the employee with no choice but to resign. And even then, the resignation must come promptly. Anyone considering a constructive dismissal claim should seek legal advice immediately after the alleged breach and avoid continuing to work for any significant period. The race discrimination and harassment claims also failed because the tribunal found the managers' conduct, though poor, was not motivated by the claimant's Asian race. This highlights the difficulty of proving discrimination without direct evidence of a racial motive.
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