Constructive dismissal claim fails as tribunal finds no resignation
A former employee's claim for constructive unfair dismissal against Staffline Recruitment Limited was rejected after the tribunal found he had not actually resigned.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #race-discrimination
- #unpaid-wages
- #strike-out
- #resignation-dispute
Key facts
- The claimant did not perform any work between 17 April 2021 and 9 July 2021.
- The claimant's representative claimed the claimant resigned by telephone on 9 July 2021 but could not identify the person spoken to.
- The respondent's position was that the claimant had not resigned and employment was continuing.
- The claimant withdrew the race discrimination claim during the final hearing.
- The tribunal found that the claimant did not resign, so the constructive unfair dismissal claim failed.
Timeline
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Claimant stops working
The claimant ceased performing work for the respondent from this date.
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Alleged resignation
The claimant's representative claimed he telephoned the respondent to resign on behalf of the claimant, but could not recall the name of the person spoken to.
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Case management hearing
Employment Judge Jones held a prehearing and issued case management orders.
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Claimant's response to orders
Dr Siwek sent emails providing some details but not the resignation date or how it occurred.
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Respondent applies to strike out
The respondent applied to strike out the claims for unfair dismissal, wages, and race discrimination.
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Preliminary hearing
Employment Judge Brannan heard the strike out application. The wages claim was struck out; the other claims were allowed to proceed.
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Final hearing begins
The final merits hearing commenced before Employment Judge Scott and members.
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Final hearing ends
The hearing concluded; the tribunal deliberated in chambers on 5 May 2023.
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Judgment reserved
The tribunal deliberated in chambers and prepared the judgment.
The legal issue
The tribunal had to decide whether the claimant had resigned from his employment, which was essential for a constructive dismissal claim, and whether he had been subjected to race discrimination or owed unpaid wages.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal because it was not satisfied that the claimant had resigned. The claimant's representative claimed he resigned by telephone on 9 July 2021 but could not identify who he spoke to, and the respondent said no resignation had occurred.
The race discrimination claim was withdrawn during the final hearing. A claim for unpaid wages from 17 April to 9 July 2021 had already been struck out at an earlier hearing as having no reasonable prospect of success.
No compensation was awarded.
Lessons & takeaways
- If you claim constructive dismissal, you must be able to prove you resigned and provide clear details of when and how.
- A claim for unpaid wages may be struck out if there is no reasonable prospect of success, especially if no work was performed.
- Withdrawing a discrimination claim partway through a hearing may affect the overall outcome and costs.
- Having a lay representative who cannot recall key details can seriously harm your case.
This case shows the importance of being able to prove a resignation when claiming constructive dismissal. The former employee stopped working in April 2021 and his representative claimed he resigned by telephone in July 2021, but could not name the person spoken to. The employer denied any resignation had taken place.
What the tribunal decided
The tribunal found that the claimant had not resigned, so the constructive dismissal claim failed. The race discrimination claim was withdrawn during the hearing, and an earlier claim for unpaid wages had been struck out. The result was that all claims were dismissed.
What the losing side could have done differently
The claimant's case was undermined by a lack of clear evidence about the alleged resignation. If you are considering a constructive dismissal claim, it is vital to have a clear record of your resignation – ideally in writing – and to be able to identify who you spoke to if it was verbal. Relying on a representative who cannot recall basic details is risky.
Why this matters
This case is a reminder that tribunals will scrutinise whether a resignation actually occurred. Without proof, a constructive dismissal claim cannot succeed. It also shows that claims with little evidence may be struck out early, saving time and costs for all parties.
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