Practice manager with 29 years' service loses constructive dismissal claim over email about future pay
A practice manager who resigned after receiving an email mentioning a potential future pay reduction has lost her constructive unfair dismissal claim. The tribunal found no repudiatory breach.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #flexible-working-request
- #removal-of-duties
- #anticipatory-breach
- #trust-and-confidence
- #trial-period
Key facts
- The claimant was employed from 14 January 1992 until she resigned on 23 November 2021.
- The claimant's flexible working request was agreed on a trial basis with some duties removed.
- The respondent's email of 19 November 2021 mentioned a potential future reduction in remuneration.
- The claimant resigned immediately after receiving the email, citing repudiatory breach.
- The tribunal found no repudiatory breach and that the claimant was not constructively dismissed.
Timeline
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Employment commenced
Claimant started work as a typist/receptionist, later becoming Practice Manager.
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Claimant resigned as director
Claimant agreed to resign as director to avoid giving a personal guarantee for a lease.
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Flexible working request submitted
Claimant requested to work from home one day per week and change hours to 7am-3pm.
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Meeting to discuss flexible working
Meeting held; respondent agreed to trial flexible hours and took over approval of holidays and overtime.
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Office relocation
Respondent moved to new office; claimant worked new hours without issue.
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Email confirming flexible working and changes
RS sent email agreeing to trial, listing removed duties and mentioning potential future pay reduction.
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Claimant upset by email
Claimant called DB, upset; DB suggested a meeting but claimant's husband refused.
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Claimant resigned
Claimant sent resignation letter citing repudiatory breach.
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Grievance submitted
Claimant submitted a written grievance about various issues.
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Respondent's response to grievance
RS responded, disputing allegations and stating grievance would not be investigated as claimant had left.
The legal issue
The tribunal had to decide whether the respondent's actions — removing the claimant as director, removing certain duties, and sending an email that mentioned a possible future pay reduction — amounted to a repudiatory breach of contract, entitling the claimant to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal.
The key reasons were:
- The removal as director was voluntary and not a breach.
- The removal of duties was a reasonable part of the flexible working trial.
- The email of 19 November 2021 did not contain a threat to reduce pay; it merely mentioned a future possibility after a review.
- The claimant resigned too hastily without giving the respondent a chance to clarify or discuss.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Resigning in the heat of the moment after a single email may undermine a constructive dismissal claim — give the employer a chance to explain.
- A flexible working trial that involves temporary removal of duties is unlikely to be a breach of contract if it is reasonable and agreed.
- Voluntarily resigning as a director does not normally give grounds for constructive dismissal.
- An email that mentions a potential future pay change after a review is not necessarily a repudiatory breach — context matters.
A resignation that came too soon
This case shows the risks of resigning immediately after receiving a communication that feels threatening. The practice manager, who had worked for the firm for 29 years, had agreed to a trial of flexible working hours. During that trial, the respondent sent an email confirming the arrangement and noting that a review would take place after three months, with a potential impact on remuneration. The claimant read this as an anticipatory breach of her contract and resigned the same day.
The tribunal found that the email did not threaten an immediate pay cut. It simply stated that the position would be reviewed. The respondent had also offered to meet to discuss the claimant's concerns, but her husband refused on her behalf. By resigning without giving the employer a chance to clarify, the claimant closed the door on a possible resolution.
What the employer did right
The respondent had agreed to the flexible working request and implemented it on a trial basis. The removal of certain duties — approving holidays and overtime — was part of that trial and was not unreasonable. The tribunal noted that the claimant had no contractual right to those specific duties. The respondent also acted reasonably in suggesting a meeting to address the claimant's upset.
Why the result matters
This case is a reminder that constructive dismissal requires a fundamental breach of contract. A vague reference to a future pay review, without any immediate threat, is unlikely to meet that threshold. Employees considering resignation should seek clarification first, and employers should ensure that communications about potential changes are clear and not premature.
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