Personal trainer's constructive dismissal claim dismissed after tribunal finds she engineered resignation
A personal wellness trainer who resigned and claimed constructive unfair dismissal has had her claim thrown out, with the tribunal finding she made false allegations and was not forced to quit. She was ordered to pay £20,000 in costs.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #grievance-procedure
- #credibility
- #false-allegations
- #costs-awarded
Key facts
- The claimant resigned on 12 July 2021, claiming constructive dismissal.
- The tribunal found the claimant was not constructively dismissed; she engineered her resignation.
- The claimant made false allegations to the GMC against Dr Ravindran.
- The claimant's evidence was found to be untruthful, exaggerated, and mendacious.
- The respondent's grievance procedure was non-contractual and not breached.
- The claimant was ordered to pay £20,000 in costs for unreasonable conduct.
Timeline
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Employment started
Claimant commenced employment as a Personal Wellness Trainer.
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Overtime dispute begins
Claimant claimed unauthorised overtime; respondent asked her to stop and furlough herself.
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Meeting about overtime and role changes
Dr Ravindran discussed overtime, furlough, and role changes; claimant agreed to focus on research.
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Further meeting
Dr Ravindran told claimant it was hypocritical not to furlough herself; no other alleged comments were made.
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Grievance raised
Claimant submitted a vague grievance to respondent's directors; also wrote to GMC alleging breaches of conditions.
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Grievance meeting
Mr Parkes met claimant to discuss grievance; minutes were later sent with a typo.
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Further GMC allegations
Claimant made detailed allegations to GMC about chaperone logs without informing respondent.
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IT issues and sick leave
Claimant reported IT problems; went off sick with stress; respondent became aware of GMC allegations.
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Resignation
Claimant resigned with immediate effect, citing grievance handling.
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Liability judgment
Tribunal dismissed unfair dismissal claim; found claimant not constructively dismissed.
The legal issue
The tribunal had to decide whether the employer breached the implied term of mutual trust and confidence, and whether the employee resigned in response to that breach, so as to amount to a constructive dismissal.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal. It found that the claimant was not forced to resign; instead, she engineered her resignation by making false allegations to the GMC and exaggerating events. The respondent's grievance procedure was non-contractual and had been followed adequately. The claimant's evidence was described as untruthful and mendacious. The tribunal also ordered the claimant to pay £20,000 in costs due to her unreasonable conduct in pursuing the claim.
Lessons & takeaways
- Constructive dismissal claims require a fundamental breach of contract by the employer; if you resign before giving the employer a fair chance to address your grievance, your claim is likely to fail.
- Making false allegations against your employer or colleagues can severely damage your credibility and lead to a costs order against you.
- A non-contractual grievance procedure does not create a binding obligation; the employer only needs to follow it reasonably.
- Exaggerating or fabricating evidence can result in your entire claim being dismissed and you being ordered to pay the other side's costs.
A case of credibility and consequences
This case shows how a constructive dismissal claim can unravel when the tribunal finds the employee's account unreliable. The claimant, a personal wellness trainer with nearly four years' service, resigned in July 2021 claiming she had been forced out by the way her employer, The Wellness Zone Ltd t/a Klnik, handled her overtime dispute and grievance. But the tribunal concluded that she was not constructively dismissed — instead, she had engineered her own resignation by making false allegations to the General Medical Council (GMC) against a doctor at the clinic.
What went wrong for the claimant
The tribunal found that the claimant's evidence was 'untruthful, exaggerated, and mendacious'. She had claimed the respondent breached the implied term of trust and confidence, but the tribunal did not accept her version of events. Crucially, the grievance procedure was non-contractual, and the employer had followed it adequately. The claimant's decision to go to the GMC without informing her employer, and the nature of the allegations she made, undermined her entire case. The tribunal also noted that she had refused to furlough herself during the pandemic, which was at the root of the dispute.
Why the result matters
This judgment is a reminder that constructive dismissal claims are not a safety net for employees who feel unhappy at work — they require a serious breach of contract by the employer. The tribunal's award of £20,000 in costs against the claimant is unusual and reflects how strongly it viewed her conduct. For employees considering a similar claim, the message is clear: your own behaviour, including how you handle grievances and whether you act in good faith, will be closely scrutinised.
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