Constructive dismissal claim fails after employee continued working despite bullying
A product consultant who resigned after alleged bullying by his manager lost his constructive unfair dismissal claim. The tribunal found he had affirmed his contract by continuing to work and there was no 'last straw' event.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #bullying
- #verbal-abuse
- #motability-specialist
- #grievance-process
- #affirmation
Key facts
- The claimant was employed as a product consultant from 18 March 2013 until he resigned on 23 September 2021.
- From April/May 2017, the claimant's line manager was David Platton, who subjected him to verbal abuse and bullying.
- The claimant was pressured into becoming a Motability specialist and promised support that was not provided.
- The claimant was transferred to the Winsford branch on 5 December 2020.
- The claimant raised a grievance about bullying, which was partially upheld at appeal.
- The tribunal found that the claimant affirmed the contract by continuing to work after the breaches and there was no last straw event.
Timeline
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Employment commenced
Claimant started work as a sales executive at Manchester Vauxhall dealership.
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David Platton became line manager
From around April/May 2017, David Platton became the claimant's line manager.
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Claimant became Motability specialist
Claimant was taken to Motability training and became a Motability specialist, promised support that was not delivered.
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Meeting with David Platton
Meeting where Platton used abusive language including 'fucking unacceptable' and 'dinosaur'.
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Meeting with Platton and Whyte
Further meeting with abusive language and pressure.
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Transfer to Winsford
Claimant transferred to Winsford branch as an alternative to being managed out.
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Meeting with David Platton
Meeting recorded, further abusive language.
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Hectoring emails about cancelled vehicles
David Platton sent a series of emails about Motability cancellations with a hectoring tone.
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Meeting with James Barker
James Barker advised claimant to accept a warning, saying he would not be fired.
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Disciplinary hearing
Claimant received a written warning for alleged serious negligence.
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Sick leave commenced
Claimant went on sick leave due to mental health issues.
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Grievance submitted
Claimant submitted a written grievance about bullying and lack of support.
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Grievance outcome
Grievance partially upheld; David Platton's language found inappropriate.
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Grievance appeal outcome
Appeal partially upheld; Platton called claimant a dinosaur directly.
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Resignation
Claimant resigned with notice, effective 23 October 2021.
The legal issue
The tribunal had to decide whether the respondent's conduct amounted to a fundamental breach of contract entitling the claimant to resign, and whether the claimant had affirmed the contract by continuing to work before resigning.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
The key reasons were:
- The claimant had affirmed the contract by continuing to work for several months after the alleged bullying incidents.
- There was no 'last straw' event that could be considered a final breach triggering the resignation.
- The grievance process had partially upheld the claimant's complaints, but the claimant did not resign until after the appeal outcome.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you believe your employer has fundamentally breached your contract, you should resign promptly or risk being found to have affirmed the contract.
- Continuing to work and engaging with grievance procedures after a breach can be seen as accepting the contract, weakening a constructive dismissal claim.
- A 'last straw' event must be more than trivial and must contribute to the breach; it cannot be an unrelated minor incident.
- Keep a clear record of all incidents and any communication about grievances to support your case.
This case highlights the importance of timing in constructive dismissal claims. The claimant, a product consultant who specialised in Motability vehicles, alleged years of verbal abuse and bullying from his line manager. He recorded meetings, raised a grievance, and eventually resigned. However, the tribunal found that by continuing to work for months after the alleged breaches, he had affirmed his contract, meaning he could not later claim constructive dismissal.
What the employer did right
Arnold Clark Automobiles Limited partially upheld the claimant's grievance at appeal, acknowledging that the manager's language was inappropriate. This showed they had taken some steps to address the issues. The tribunal also noted that the claimant had not resigned immediately after any single incident, but had continued to work and engage with the grievance process, which undermined his claim that the contract had been fundamentally breached.
What the claimant could have done differently
To succeed in a constructive dismissal claim, an employee must resign promptly in response to a fundamental breach. The claimant here waited several months after the most serious incidents, and even after his grievance appeal was partially upheld, he did not resign until a later date. This delay was fatal to his case. If you are considering a constructive dismissal claim, it is crucial to seek legal advice early and not to delay your resignation once you believe a breach has occurred.
Why this matters
This case is a reminder that the 'affirmation' doctrine can be a powerful defence for employers. Even where there is evidence of poor management behaviour, if the employee continues to work without resigning, they may lose the right to claim constructive dismissal. For employees, the message is clear: act quickly if you feel you have no choice but to resign, or your claim may fail.
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