Constructive dismissal claim fails after final written warning for bullying and safety breaches
A Service Delivery Manager who resigned after receiving a final written warning for bullying and safety violations lost his constructive dismissal claim. The tribunal found no breach of contract and dismissed all discrimination claims.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Service Delivery Manager from 1 October 2018 until his resignation on 12 July 2021.
- He was suspended on 10 March 2021 following multiple complaints about his behaviour and performance.
- A disciplinary hearing found him guilty of bullying, refusal to adhere to processes, safety violations, and misrepresentation, resulting in a final written warning.
- The claimant resigned on 12 July 2021, claiming constructive dismissal, but the tribunal found no breach of contract.
- All discrimination claims (race and disability) were dismissed on the merits.
- The claimant's employment transferred to the second respondent under TUPE on 1 August 2021 and ended on 6 August 2021.
Timeline
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Employment started
Claimant commenced employment with HP Inc UK Ltd as a Service Delivery Manager at Bank of America Merrill Lynch.
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BAML feedback
BAML's Lee Hill passed positive feedback to Corrie Naylor about the team, but the claimant was not informed until later.
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Manpower concerns raised
Corrie Naylor emailed HR about the claimant's behaviour regarding Manpower, leading to a meeting on 27 November 2020.
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Russell Lawrence bereavement email
Claimant emailed about Russell Lawrence's return to work after his father's death, prompting criticism from colleagues.
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Claimant raised informal grievance
Claimant emailed HR complaining about micromanagement by Nicola Harding and Corrie Naylor.
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Informal PIP meeting
Meeting with Harding and HR to discuss performance concerns; claimant agreed to improve.
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BAML feedback meeting
Harding met with BAML to discuss concerns about the claimant; decided not to proceed with formal action due to RFP.
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Suspension
Claimant suspended on full pay pending investigation into bullying, process violations, safety, and misrepresentation.
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Formal grievance submitted
Claimant submitted a 21-point grievance about his treatment; Harding removed from process.
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Final written warning
Disciplinary outcome: final written warning for bullying, process failures, safety issues, and misrepresentation.
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Resignation
Claimant resigned, claiming constructive dismissal; gave four weeks' notice and was placed on garden leave.
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TUPE transfer
Claimant's employment transferred to Computacentre UK Ltd under TUPE.
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Employment ended
Claimant's employment ended by expiry of notice.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed due to a breach of the implied term of trust and confidence, and whether he was subjected to unlawful race discrimination, race-related harassment, indirect disability discrimination, and failure to make reasonable adjustments.
The outcome
The tribunal dismissed all claims. It found that the employer had reasonable grounds to suspend and discipline the claimant following multiple complaints about his behaviour and performance. The disciplinary process was fair, and the final written warning was proportionate. There was no breach of the implied term of trust and confidence, so the resignation did not amount to constructive dismissal. All discrimination claims were dismissed on the merits, with the tribunal finding no evidence of race or disability discrimination.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer; resigning after a disciplinary sanction that you disagree with is unlikely to succeed if the process was fair.
- Employers can rely on multiple complaints from colleagues and clients to justify suspension and disciplinary action, provided they follow a reasonable process.
- Discrimination claims based on race or disability need clear evidence of less favourable treatment or failure to make adjustments; mere disagreement with management decisions is not enough.
This case shows the limits of constructive dismissal claims when an employee resigns after receiving a disciplinary sanction they consider unfair. The claimant, a Service Delivery Manager with nearly four years' service, was suspended after multiple complaints about his behaviour, including bullying and safety violations. A disciplinary hearing resulted in a final written warning, which the claimant believed was unjust. He resigned, claiming the employer's conduct destroyed trust and confidence.
The tribunal carefully examined the employer's actions and found they were reasonable. The suspension was justified given the nature of the complaints, and the disciplinary process was thorough. The final written warning was a proportionate response to the findings of misconduct. The tribunal noted that the claimant had been given opportunities to respond to allegations and had been represented during the process. There was no evidence that the employer acted in a way that breached the implied term of trust and confidence.
What the employer did right
HP INC UK Limited followed a structured process: they investigated the complaints, held a disciplinary hearing, and issued a warning that was within the range of reasonable responses. They also considered the claimant's grievances about his treatment separately. This approach protected them from a constructive dismissal finding. The tribunal also rejected the claimant's discrimination claims, finding no evidence that his race or disability played any part in the decisions made.
Why this matters for similar claims
Employees considering resigning and claiming constructive dismissal should be aware that a fair disciplinary process will usually defeat such a claim. The bar for constructive dismissal is high: the employer's conduct must be so serious that it goes to the root of the contract. A final written warning, even if disputed, does not automatically amount to a breach. For employers, this case reinforces the importance of following a fair procedure and documenting all steps, especially when dealing with multiple complaints.
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