Store manager's constructive dismissal claim fails after he resigns for new job
A store manager who resigned after three weeks without a grievance response lost his constructive dismissal claim. The tribunal found he left for a new job, not because of his employer's conduct.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #store-manager
- #implied-term-trust-confidence
- #last-straw
- #welfare-support
- #grievance-delay
Key facts
- The claimant was employed as a Store Manager from 1 July 2016 until his resignation on 12 May 2022.
- The claimant alleged bullying and gaslighting by his line manager and HR partner from May 2021.
- The claimant went on sick leave on 4 November 2021 due to anxiety and did not return.
- The claimant submitted a formal complaint on 23 March 2022 and resigned on 12 April 2022.
- The tribunal found no breach of the implied term of trust and confidence.
- The tribunal concluded the claimant resigned because he had a new job offer, not due to the employer's conduct.
Timeline
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Employment commenced
Claimant started working for WM Morrison Supermarkets Limited as a Store Manager.
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Meeting with new line manager
Claimant met Ms Ford, his new Regional Manager, to discuss a store move to Swinton. The meeting was amicable and the claimant agreed to move.
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Meeting about email tone
Claimant met Ms Ford to discuss his disrespectful email about a colleague's feedback. The meeting was constructive.
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Sick leave commenced
Claimant went on sick leave due to anxiety, providing a sick note. He did not return to work before resignation.
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Welfare meeting with independent manager
Mr Marshall, a Regional People Manager, held a welfare meeting with the claimant. The claimant declined occupational health referral.
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Welfare meeting face-to-face
Mr Marshall met the claimant in Carlisle. The claimant said he felt supported but planned to submit a formal complaint.
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Formal complaint submitted
Claimant submitted a formal complaint about Ms Ford and Ms Ashley to the CEO and People Director.
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Job interview
Claimant attended an interview for a new role with another supermarket.
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Resignation
Claimant resigned with one month's notice during a welfare meeting, stating he had not heard back about his complaint in three weeks.
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Employment ended
Claimant's notice period expired and he started a new job the next day.
The legal issue
The tribunal had to decide whether the employer's conduct—including alleged bullying, inadequate welfare support, and a three-week delay in responding to a formal complaint—amounted to a fundamental breach of contract entitling the employee to resign and claim constructive dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
The key reasons were:
- The employer's actions did not breach the implied term of trust and confidence. Welfare meetings were held, and the claimant declined an occupational health referral.
- The three-week delay in responding to the formal complaint was not unreasonable or a 'last straw' in the context of the overall relationship.
- The tribunal found that the claimant's decision to resign was driven by his having secured a new job, not by the employer's conduct.
No compensation was awarded as the claim failed.
Lessons & takeaways
- To succeed in a constructive dismissal claim, you must show that your employer's conduct was a fundamental breach of contract and that you resigned in response to that breach, not for other reasons.
- A short delay in responding to a grievance (e.g., three weeks) is unlikely to be considered a breach of trust and confidence, especially if the employer has otherwise provided support.
- If you resign after securing another job, the tribunal may infer that you left for that opportunity rather than because of any alleged mistreatment.
- Declining an offer of occupational health support can weaken a claim that your employer failed to support your wellbeing.
A resignation that looked like a constructive dismissal – but wasn't
This case shows how difficult it can be to prove constructive dismissal when the employee resigns shortly after securing another job. The store manager, who had six years' service, alleged that his line manager and HR partner had bullied and 'gaslighted' him from May 2021, leading to anxiety and sick leave from November 2021. He submitted a formal complaint on 23 March 2022 and resigned just three weeks later on 12 April 2022, citing the lack of response to his complaint as the 'last straw'.
However, the tribunal found that the employer had acted reasonably throughout. Welfare meetings were held, the claimant declined an offer of occupational health support, and the three-week delay in responding to the grievance was not unreasonable given the circumstances. Crucially, the tribunal concluded that the real reason for the resignation was the claimant's new job offer, which he had interviewed for before resigning and started the day after his notice ended.
What the employer did right
WM Morrison Supermarkets Limited provided independent welfare meetings, offered occupational health support (which the claimant declined), and had a reasonable timeframe for investigating the complaint. The tribunal noted that the claimant had told his welfare officer he felt supported, which undermined his later allegations of mistreatment.
What this means for similar claims
For employees considering a constructive dismissal claim, timing is everything. If you resign after securing a new role, the tribunal is likely to scrutinise whether the job offer – not the employer's conduct – was the real trigger. Employers can protect themselves by documenting welfare support, offering occupational health referrals, and responding to grievances within a reasonable period, even if that period is several weeks.
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