Material Flow Manager loses constructive dismissal claim over misleading emails to employee
A Material Flow Manager who resigned after receiving a first written warning for misleading an employee about a promotion and back pay has lost his constructive unfair dismissal claim.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #disciplinary-procedure
- #implied-term-trust-and-confidence
- #misleading-communication
- #responsibility-pay
- #grievance
Key facts
- The claimant was employed as a Material Flow Manager from 12 March 2018 to 7 March 2022.
- The claimant repeatedly sought responsibility pay for an employee (DH) who had been acting as a supervisor since 2018 without additional pay.
- The claimant's emails to DH gave DH the impression he would be promoted and receive back pay, but the roles were subject to a competitive process.
- DH raised a grievance about not being paid for the supervisor role, which led to a disciplinary investigation into the claimant's communications.
- The claimant was issued a first written warning for inappropriate and misleading communication, which he did not appeal.
- The claimant resigned on 7 March 2022, citing that the disciplinary process had broken trust and confidence.
Timeline
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Employment start
Claimant started as Material Flow Manager at Games Workshop.
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DH begins supervisory duties
DH began acting as team leader/supervisor on the night shift without additional pay.
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Claimant believes new roles approved
Claimant received an email from Mr Musson indicating new roles (including Senior Operative) would be introduced in June 2021.
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Claimant sends responsibility pay request
Claimant emailed Mr Musson requesting responsibility pay for DH, but received no response.
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Claimant raises issue with new manager
Claimant discussed DH's situation with new line manager Neil Coombe.
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Claimant tells DH about internal advertising
Claimant informed DH that the new roles would be advertised internally, but implied DH was the preferred candidate.
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Formal request for responsibility pay
Claimant made a formal written request for DH's responsibility pay and backdating.
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Responsibility pay approval withdrawn
Mr Coombe withdrew support for DH's responsibility pay after learning of DH's absence and a letter of concern.
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DH raises grievance
DH raised a grievance about not being paid for supervisor duties.
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Claimant told of disciplinary proceedings
Claimant was informed that disciplinary action would be taken for misleading communications.
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Disciplinary hearing
Claimant attended a disciplinary hearing chaired by Julian Flowers.
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First written warning issued
Claimant received a first written warning for inappropriate communication.
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Claimant resigns
Claimant resigned, citing loss of trust and confidence due to the disciplinary process.
The legal issue
The tribunal had to decide whether the employer's decision to issue a first written warning and the way the disciplinary process was handled breached the implied term of trust and confidence, amounting to constructive unfair dismissal.
The outcome
The claim of constructive unfair dismissal was dismissed.
The tribunal found that the employer had reasonable and proper cause to issue the warning. The claimant's communications to DH gave a misleading impression that DH would be promoted and receive back pay, when the roles were subject to a competitive process. The disciplinary process was fair and the claimant did not appeal the warning.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Be careful what you promise employees about pay or promotion — misleading statements can lead to grievances and disciplinary action against you.
- If you receive a disciplinary warning you believe is unfair, consider appealing it before resigning; failure to appeal can weaken a constructive dismissal claim.
- Constructive dismissal requires a fundamental breach of contract by the employer — a single disciplinary warning that is reasonably justified will not usually meet that threshold.
When a manager's well-meaning emails backfire
This case shows how a manager trying to advocate for a team member can inadvertently create problems. The claimant, a Material Flow Manager with four years' service, repeatedly pushed for responsibility pay for an employee who had been acting as a supervisor since 2018 without extra pay. In his emails, he gave the employee the impression that a promotion and back pay were certain, when in fact the roles were subject to a competitive process.
When the employee raised a grievance about not being paid, the employer investigated the manager's communications and issued a first written warning for inappropriate and misleading communication. The manager resigned, arguing that the disciplinary process had destroyed trust and confidence.
What the employer did right
The tribunal noted that the employer had reasonable and proper cause for the warning. The manager's emails were indeed misleading — he had implied outcomes that were not within his authority to promise. The disciplinary process was conducted fairly, and the manager did not appeal the warning, which the tribunal saw as a missed opportunity to challenge the decision internally.
Why the claim failed
For a constructive dismissal claim to succeed, the employer's conduct must be so serious that it fundamentally breaches the contract of employment. Here, the tribunal found that the employer acted reasonably. The warning was proportionate to the misconduct, and the process did not destroy trust and confidence. The manager's resignation was therefore not a response to a fundamental breach.
This case is a reminder that even well-intentioned managers must be careful not to over-promise. Employers are entitled to take disciplinary action when communications mislead employees, provided they follow a fair process.
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