Warehouse operative loses constructive dismissal claim after last straw incident not proven
A warehouse operative with 7 years' service resigned after securing a new job, but his claim that a final incident forced him out was rejected by the tribunal. All claims of constructive dismissal, disability discrimination, and harassment were dismissed.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a warehouse operative from 18 December 2013 to 18 January 2021.
- He suffered two accidents at work, the second in April 2017 causing a prolonged absence.
- He was dismissed on capability grounds in February 2018 but reinstated on appeal in May 2018 with a permanent adjustment limiting picking to two hours per shift.
- He submitted multiple grievances about alleged bullying and discrimination, which were investigated and mostly not upheld.
- The claimant resigned with immediate effect on 18 January 2021 after securing a new job with BP.
- The tribunal found that the alleged last straw incident on 16 January 2021 did not occur.
Timeline
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Employment started
Claimant began working as a Warehouse Operative at John Lewis's Aylesford Regional Distribution Centre.
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First accident at work
Claimant suffered an accident at work; details are limited as the accident report was lost.
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Second accident at work
Claimant fell off a double decker trailer, exacerbating pain in his left knee, leading to prolonged absence.
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Dismissed on capability grounds
Claimant was dismissed due to his long-term absence following the April 2017 accident.
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Reinstated after appeal
Claimant successfully appealed his dismissal and was reinstated with a permanent adjustment limiting picking to two hours per shift.
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First written warning
Claimant received a first written warning for unauthorized absence and breach of rules.
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Alleged assault by colleague
Claimant alleged he was physically assaulted by Mr Simmons; investigation found no supporting evidence.
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Transfer to De-Kit Warehouse
Claimant transferred to De-Kit Warehouse following an occupational health referral, which he was happy about.
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Mediation with Mr Wicks
Mediation meeting between claimant and Mr Wicks; claimant later conceded Mr Wicks did not say he hated him.
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Resignation
Claimant resigned with immediate effect, having secured a new job with BP starting two days later.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed (i.e., forced to resign due to the employer's conduct) and whether the employer directly discriminated against him, harassed him, or failed to make reasonable adjustments because of his disability.
The outcome
The tribunal dismissed all claims. It found that the alleged 'last straw' incident on 16 January 2021 — which the claimant said was the final act that forced him to resign — did not happen. The tribunal accepted the respondent's evidence that the incident was a routine work allocation, not an act of bullying or discrimination.
Although the claimant had a disability (longstanding degenerative changes in his spine and left knee), the tribunal found that the respondent had made reasonable adjustments (limiting his picking to two hours per shift) and had properly investigated his grievances. The claimant resigned after securing a new job with BP, and the tribunal concluded that he left voluntarily, not because of any breach of contract by the employer.
No compensation was awarded as all claims failed.
Lessons & takeaways
- If you resign and claim constructive dismissal, you must prove that your employer's conduct was a fundamental breach of contract that caused you to leave. A 'last straw' incident must actually occur and be more than a minor disagreement.
- Keep a detailed record of any incidents you believe are discriminatory or harassing. The tribunal will weigh evidence carefully, and if the employer's version of events is more credible, your claim may fail.
- Employers who make reasonable adjustments for disabled employees and properly investigate grievances are likely to defend claims successfully. The tribunal will consider whether the employer acted reasonably overall.
- Resigning after securing another job can weaken a constructive dismissal claim, as it suggests you left for reasons other than the employer's conduct.
A case of 'last straw' that wasn't
This case shows the difficulty of proving constructive dismissal — especially when the alleged final incident is disputed. The claimant, a warehouse operative with 7 years' service, had a history of workplace accidents and a disability. He had been dismissed on capability grounds in 2018 but reinstated with a permanent adjustment limiting his heavy picking work to two hours per shift. He later submitted several grievances about bullying and discrimination, which the employer investigated and mostly rejected.
What went wrong for the claimant
The claimant resigned in January 2021, saying the final straw was an incident on 16 January where he was allegedly told to work in a different area. But the tribunal found that this incident did not happen as he described. The employer's witnesses gave consistent evidence that it was a routine work allocation, and the tribunal accepted that. Without a proven last straw, the chain of alleged breaches could not support a constructive dismissal claim.
Why the result matters
For employees, this case is a reminder that the 'last straw' must be a real event — not a misinterpretation or a minor disagreement. For employers, it shows that thorough grievance handling and reasonable adjustments can provide a strong defence. The tribunal noted that the respondent had made permanent adjustments for the claimant's disability and had investigated his complaints, even if the outcomes did not satisfy him. Ultimately, the claimant's decision to resign after securing a new job with BP suggested he left for positive reasons, not because of a fundamental breach by his employer.
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