Bullying allegations not enough to prove constructive dismissal: tribunal rejects senior negotiator's claim
A senior lettings negotiator who resigned after a shouting incident and a moved desk lost her constructive unfair dismissal claim. The tribunal found no breach of trust and confidence by HR Lettings Limited.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #breach-of-contract
- #trust-and-confidence
- #raised-voices
- #desk-move
- #written-warning-retracted
Key facts
- Mrs Hobbs worked as a Senior Lettings Negotiator from November 2018 to November 2021.
- She raised concerns about colleagues' conduct in August 2020 and was told 'chin up granny' by the director.
- On 4 January 2021, a colleague shouted at her, calling her ungrateful and telling her to look for another job.
- In October 2021, the director issued a final written warning without following procedure, later retracted.
- While on sick leave in October 2021, her desk was moved without consultation.
- Mrs Hobbs resigned by email on 10 November 2021, stating she could not continue due to bullying.
Timeline
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Employment started
Mrs Hobbs began working as a Lettings Negotiator for HR Lettings Ltd.
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First complaint about conduct
Mrs Hobbs told Mr Harvey about concerns regarding colleagues' conduct. He replied with a text message ending 'chin up granny'.
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Shouting incident with Ms Smalley
Ms Smalley shouted at Mrs Hobbs, calling her ungrateful and telling her to look for another job.
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Promotion to Senior Lettings Negotiator
Mrs Hobbs was promoted and received a pay rise.
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Final written warning issued
Mr Harvey issued a final written warning without consulting Mrs Hobbs. He later retracted it.
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Sick leave started
Mrs Hobbs was signed off work by her GP for approximately six weeks.
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Request for fit note
Mr Harvey asked Mrs Hobbs to send a fit note and offered a meeting on her return.
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Resignation
Mrs Hobbs emailed her resignation, stating she wished to end her employment.
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Employment ended
Mrs Hobbs' employment ended. She was paid until the end of November but did not work her notice period.
The legal issue
The tribunal had to decide whether the employer's actions—including a colleague shouting, a retracted written warning, and moving the claimant's desk while she was on sick leave—breached the implied term of trust and confidence, entitling her to resign and claim constructive dismissal.
The outcome
The tribunal dismissed both the constructive unfair dismissal and breach of contract claims.
Key reasons:
- The shouting incident was a single event, not part of a pattern of bullying.
- The final written warning was promptly retracted, showing the employer acknowledged the mistake.
- The desk move was a minor administrative change, not a fundamental breach.
- The claimant resigned without raising a formal grievance or giving the employer an opportunity to resolve issues.
No compensation was awarded as the claims failed.
Lessons & takeaways
- Resigning without first raising a formal grievance can weaken a constructive dismissal claim, as tribunals expect employees to give employers a chance to fix problems.
- A single heated exchange, while unpleasant, is unlikely to amount to a breach of trust and confidence unless it is part of a sustained pattern.
- Employers who quickly correct procedural errors, like retracting a flawed warning, can show they are not repudiating the contract.
- Minor changes to working conditions, such as moving a desk during sick leave, are unlikely to be fundamental breaches without evidence of bad faith.
When is a resignation not a dismissal?
This case shows how difficult it can be to prove constructive dismissal, even when an employee feels bullied. The claimant, a senior lettings negotiator with three years' service, resigned after a series of incidents she said destroyed her trust in her employer. But the tribunal found that HR Lettings Limited's conduct did not cross the legal threshold.
The key incident was a colleague shouting at her in January 2021, calling her ungrateful and telling her to look for another job. While the tribunal accepted this was unpleasant, it was a one-off. The employer's director later issued a final written warning without following procedure, but retracted it as soon as the claimant objected. The tribunal saw this as a mistake rectified, not a deliberate breach.
What the employer did right
The tribunal noted that the employer had offered to meet the claimant on her return from sick leave to discuss any issues. Instead of taking up that offer, she resigned by email. By not raising a formal grievance or giving the employer a chance to address her concerns, she weakened her claim. The law expects employees to act reasonably and not 'ambush' their employer with a resignation.
Why the result matters
For employees, this case is a reminder that constructive dismissal claims require more than feeling let down or upset. There must be a fundamental breach of contract, often the implied duty of trust and confidence. A single shouting match, a retracted warning, and a desk move—without more—did not meet that standard. For employers, it shows that acting quickly to correct errors and offering to discuss problems can help defend against such claims.
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