Constructive dismissal claim fails: incomplete information pack not a breach of trust
A resource dispatcher with 5 years' service resigned after a 17-month investigation, but the tribunal found the employer's conduct did not amount to a repudiatory breach. The claim was dismissed.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #long-investigation
- #covid-19-impact
- #incomplete-information-pack
- #acas-code
Key facts
- The claimant resigned on 14 August 2021 after a 17-month investigation process.
- The claimant's union representative received an incomplete information pack for the disciplinary hearing.
- The claimant had been signed off sick with stress and anxiety from May 2021.
- The respondent apologised for the late invitation letter and incomplete pack, and the claimant agreed to proceed with the hearing.
- The tribunal found the incomplete pack was an innocuous administrative error that did not breach the implied term of trust and confidence.
Timeline
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First complaint against claimant
Ms Evans submitted a complaint about the claimant's conduct on 30 March 2020, initially seeking anonymity.
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Complainant drops anonymity
Ms Evans stated she was no longer seeking anonymity, and authorisation was obtained to proceed with the investigation.
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Claimant informed of investigation
The claimant was first informed by letter that he was under investigation.
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Claimant raises complaint about investigation delay
The claimant emailed Mr O'Sullivan to make a formal complaint about poor management of the investigation process.
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Investigation meeting with claimant
The claimant attended an investigation meeting with Ms Macey, accompanied by his union representative.
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Claimant complains about bullying by Ms Kenyon
The claimant complained about the conduct of Ms Kenyon, accusing her of bullying.
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Ms Kenyon submits grievance against claimant
Ms Kenyon submitted a formal grievance against the claimant in relation to his complaints.
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External investigator appointed
Mr Nebbett appointed Ms Karen Wise, an external investigator, to investigate all complaints against the claimant and his counter-complaint.
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Claimant informed of disciplinary hearing
The claimant was invited to a meeting where he was told the matters would proceed to a disciplinary hearing.
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Claimant resigns
The claimant resigned with 4 weeks' notice, citing the lengthy investigation and lack of care.
The legal issue
The tribunal had to decide whether the employer's conduct, including a 17-month investigation and an incomplete information pack, amounted to a fundamental breach of contract that entitled the employee to resign and claim constructive dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
The key reasons were:
- The incomplete information pack was an administrative error, not a deliberate act, and the employee agreed to proceed with the hearing.
- The 17-month investigation was not unreasonable given the complexity of the complaints and the impact of the COVID-19 pandemic.
- The employee did not resign in response to a fundamental breach; he resigned because of the length of the process, which the tribunal found was not a breach of contract.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer; delays alone may not be enough if they are reasonable in the circumstances.
- Agreeing to proceed with a disciplinary hearing after an error can be seen as affirming the contract, weakening a later claim of constructive dismissal.
- Employers should document the reasons for delays, especially during exceptional events like the pandemic, to show they acted reasonably.
- Employees should raise grievances about process failures promptly rather than resigning and relying on them as a breach.
This case shows the high bar for constructive dismissal claims, even when an employee feels pushed to resign by a long-running investigation. The claimant, a resource dispatcher with five years' service, resigned after 17 months under investigation, citing the delay and an incomplete information pack for his disciplinary hearing. However, the tribunal found that the employer's actions did not amount to a fundamental breach of the implied term of trust and confidence.
What the employer did right
The South East Coast Ambulance Service NHS Foundation Trust appointed an external investigator when the complaints became complex, and it apologised for the administrative error with the information pack. The claimant agreed to proceed with the hearing despite the error, which the tribunal saw as affirming the contract. The tribunal also noted that the COVID-19 pandemic contributed to delays, making the 17-month timeline not unreasonable.
What the claimant could have done differently
The claimant resigned before the disciplinary hearing took place. Had he attended the hearing and been dismissed, he might have had a stronger unfair dismissal claim. Instead, he had to prove that the employer's conduct before the hearing was so bad that it forced him to resign. The tribunal found that the incomplete pack was a minor mistake, not a deliberate undermining of trust.
Why this matters
This case is a reminder that constructive dismissal is not simply about feeling forced to resign; it requires a serious breach of contract. Employees considering resignation should seek advice and consider whether they have a clear breach to rely on. Employers, meanwhile, should ensure they communicate openly about delays and correct errors promptly to reduce the risk of claims.
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