Security officer's constructive dismissal claim fails: minor pay errors and disciplinary process not a breach of trust
A security officer who resigned after a disciplinary process was started following a two-hour absence from her post has lost her constructive unfair dismissal claim. The tribunal found the employer's conduct, including minor pay issues and a request for an occupational health assessment, did not amount to a repudiatory breach of contract.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant worked as a security officer at RAF Wyton from 27 May 2016 to 2 March 2021.
- She injured her back at work on 30 July 2020 while manually closing a heavy door.
- She was off sick from 7 October 2020 to 1 December 2020 due to back pain.
- The respondent requested she attend an occupational health assessment, which she refused.
- On 3 February 2021, the claimant left her post for two hours after an altercation with her manager.
- The respondent initiated a disciplinary process for leaving her post, and the claimant resigned on 2 March 2021 before the hearing.
Timeline
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Employment started
Claimant began working as a security officer for Corps Security (UK) Ltd at RAF Wyton.
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Work injury
Claimant injured her lower back while manually closing a heavy bomb door (tiger trap door) at RAF Wyton.
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Sick leave started
Claimant went off sick due to back pain, signed off until 26 October, later extended to 1 December.
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Holiday day error
Claimant was recorded as taking a holiday day when she was actually off sick; later rectified by adding one day to her holiday allowance.
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Return to work meeting
Claimant attended a return to work meeting with Jake Lacey; she was obstructive and refused to sign the form.
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Further sick note
Claimant provided a sick note indicating chronic back pain until end of January; respondent requested occupational health assessment.
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Altercation and leaving post
Claimant had a heated exchange with manager Gary Sapstead in the control room, then left her post for two hours without authorisation.
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Grievance hearing
Claimant's grievance was heard by Paul Cloke; two minor issues upheld (holiday day and £2.14 underpayment).
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Investigatory meeting
Paul Tyce held an investigatory meeting regarding the claimant leaving her post; referred to disciplinary hearing.
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Disciplinary hearing postponed
First disciplinary hearing postponed because claimant's chosen companion was unavailable; rescheduled to 3 March.
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Resignation
Claimant resigned with immediate effect by email, stating no reasons.
The legal issue
The tribunal had to decide whether the employer's conduct, taken together, was so serious that it destroyed or seriously damaged the trust and confidence between employer and employee, entitling the claimant to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
The key reason was that the acts relied upon by the claimant were not sufficiently serious to amount to a repudiatory breach of contract. The minor pay issues were quickly rectified, the request for an occupational health assessment was reasonable given her prolonged absence, and the disciplinary process was a legitimate response to her leaving her post without authorisation.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Constructive dismissal claims require a fundamental breach of contract by the employer; minor errors that are promptly corrected are unlikely to meet this threshold.
- An employer's request for an occupational health assessment during sick leave is generally reasonable and not a breach of trust.
- Resigning before a disciplinary hearing can weaken a constructive dismissal claim, as the employer may have had a fair reason to proceed.
- The 'last straw' must be more than a trivial act; it must contribute to a pattern of behaviour that destroys trust and confidence.
When minor grievances don't add up to constructive dismissal
This case illustrates the high bar for constructive unfair dismissal claims. The security officer, with five years' service, resigned after a series of events that she argued destroyed the trust and confidence in her employer. However, the tribunal found that the employer's conduct was not a fundamental breach of contract.
The claimant pointed to a holiday recording error and a £2.14 underpayment, both of which were corrected. She also cited a request to attend an occupational health assessment, which the tribunal considered reasonable given her extended sick leave. The final 'straw' was the initiation of a disciplinary process after she left her post for two hours following an altercation with her manager. The tribunal found that the employer was entitled to investigate this conduct.
What the employer did right
Corps Security (UK) Limited acted reasonably by addressing the pay issues promptly and offering a fair grievance process. The tribunal noted that the claimant had been obstructive during the return-to-work meeting and had refused the occupational health referral. The employer's decision to proceed with a disciplinary hearing was a proportionate response to the unauthorised absence.
Why this matters for similar claims
Employees considering a constructive dismissal claim should be aware that not every workplace frustration amounts to a breach of contract. The conduct must be so serious that it goes to the root of the employment relationship. Minor administrative errors, even if annoying, are unlikely to suffice. Additionally, resigning before a disciplinary process concludes can be risky, as it may be seen as pre-empting a fair procedure.
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