Constructive dismissal claim fails despite breach of trust: 5-month delay in resigning was fatal

A flawed process, but a delayed resignation proved fatal

This case shows that even when an employer gets a disciplinary process badly wrong, a constructive dismissal claim can still fail if the employee does not resign in response to that mistake. The employee, an insurance broker with 7 years' service, was invited to a disciplinary hearing with less than two days' notice and no prior investigation. The tribunal found this was a clear breach of the implied term of trust and confidence.

However, the employee did not resign until five months later, and in the meantime she continued working without raising any concerns about the disciplinary process. The tribunal concluded that her resignation was driven by her decision to take up a new job, not by the earlier breach. This distinction was crucial: for a constructive dismissal claim to succeed, the employee must show that the employer's breach caused the resignation.

What could have been done differently

Verlingue Limited could have avoided the breach entirely by giving proper notice of the disciplinary hearing and conducting a reasonable investigation beforehand. For the employee, the key lesson is timing. If she had resigned shortly after the flawed hearing – or at least raised a formal grievance about the process while still employed – her claim might have succeeded. Instead, the five-month gap allowed the tribunal to infer that the breach was not the real reason for leaving.

Why this matters for similar claims

This case is a reminder that constructive dismissal claims are not just about whether the employer acted badly – they also require a clear causal link between the breach and the resignation. Employees who feel they have been forced out should act quickly and document their concerns. A delay can be interpreted as acceptance of the employer's conduct, even if that was not the employee's intention.