72-year-old customer advisor loses constructive dismissal claim over late rota
A 72-year-old B&Q employee resigned after receiving his rota on the same day he was due to work. The tribunal dismissed his claims of constructive unfair dismissal, age discrimination, and victimisation.
1 min read · Last updated 18 May 2026
Case details
- #late-rota
- #holiday-booking
- #reference-dispute
- #age-discrimination
- #victimisation
- #shared-responsibility
Key facts
- The claimant was employed as a Customer Advisor from 11 September 2016 until his resignation on 2 August 2021.
- The claimant resigned after receiving his rota on the same day he was due to work, which he considered the 'last straw'.
- The tribunal found that the late rota on 2 August 2021 was the only proven late provision of a rota.
- The claimant had previously brought tribunal proceedings in 2018, which was a protected act.
- The respondent provided a reference to a fostering agency that mentioned informal disciplinary action, which the claimant disputed.
- The respondent booked holiday for the claimant without his consent on three occasions, but this was also done for younger staff.
Timeline
-
Employment started
Claimant commenced employment as a Customer Advisor at B&Q Croydon store, aged 67.
-
Contract changed
Claimant opted out of Sunday working, reducing contracted hours to 10 per week Monday to Saturday.
-
First holiday booked without consent
Respondent booked annual leave for claimant without his knowledge or consent.
-
First tribunal claim issued
Claimant issued tribunal proceedings (ref 2303192/2018) including age discrimination claims, later struck out.
-
Disciplinary meeting
Meeting with manager Owen Yaxley regarding failure to book annual leave, resulting in informal action.
-
Reference provided to fostering agency
Respondent provided a reference to TACT fostering agency, mentioning informal disciplinary action.
-
Reference clarification sent
After claimant gave consent, respondent sent further details of the informal action to TACT.
-
Return to work notified
Claimant informed that furlough would end on 26 July 2021 and provided with rota for week commencing 25 July.
-
Resignation
Claimant received rota for that week at 10:34am, showing a shift starting at 1pm. He resigned via email at 15:37, citing unfair treatment.
-
Judgment on liability
Tribunal dismissed all claims: unfair dismissal, direct age discrimination, and victimisation.
The legal issue
The tribunal had to decide whether the employer's conduct amounted to a constructive dismissal, whether the employee was directly discriminated against because of his age, and whether he was victimised for bringing a previous tribunal claim.
The outcome
The tribunal dismissed all claims. It found that the late rota on 2 August 2021 was the only proven late provision of a rota and did not amount to a fundamental breach of the implied term of trust and confidence. The employee's resignation was not a response to a breach, so there was no constructive dismissal.
The age discrimination claim failed because the employee did not prove that he was treated less favourably than younger staff. The holiday bookings made without consent were also applied to younger staff. The victimisation claim failed because the reference provided to a fostering agency was not a detriment – the employee had consented to the disclosure, and the information was accurate.
Lessons & takeaways
- A single incident of poor management, such as a late rota, is unlikely to be enough to establish a constructive dismissal claim unless it is part of a pattern of serious breaches.
- To succeed in an age discrimination claim, you must show that you were treated less favourably than a comparable younger employee in similar circumstances.
- Victimisation claims require proof that you suffered a detriment because of a protected act – if the employer's actions are consistent with normal practice, the claim is unlikely to succeed.
- Consenting to a reference that includes negative information can undermine a later claim that the reference was a detriment.
When one bad day is not enough for constructive dismissal
This case shows how difficult it can be to prove constructive dismissal when the alleged 'last straw' is a single administrative error. The customer advisor, aged 72 and with five years' service, resigned after receiving his rota on the same day he was due to work. He argued that this was the final act in a series of mistreatments, including holiday bookings made without his consent and a reference that mentioned informal disciplinary action.
However, the tribunal found that the late rota was an isolated incident – the only proven late provision in his employment. The earlier issues, such as the holiday bookings, were not breaches of contract because they were standard practice applied to all staff. The reference issue was also not a detriment because the employee had consented to the disclosure.
The tribunal concluded that the employer had not fundamentally breached the implied term of trust and confidence. The resignation was not a response to a breach, so the constructive dismissal claim failed.
What the employer did right
B&Q was able to show that its actions were consistent and not targeted at the employee because of his age or his previous tribunal claim. The holiday bookings were made for younger staff too, and the reference was provided with the employee's consent. The tribunal also noted that the employee had not raised a formal grievance about the rota issue before resigning.
For employees considering a constructive dismissal claim, this case is a reminder that the breach must be serious and ongoing – a single mistake, even if frustrating, is unlikely to justify resignation. It also highlights the importance of following internal procedures and giving the employer a chance to put things right.
Similar cases
31-year employee made redundant: tribunal upholds fairness despite missed consultations
A tribunal has ruled that Wolseley UK Limited fairly dismissed a long-serving employee by reason of redundancy, rejecting claims of age discrimination, harassment, and victimisation.
Victimisation after reporting sexual harassment: a teenager dismissed for speaking up
A 16-year-old front-of-house worker was dismissed three days after her mother confronted the manager about sexual harassment by a chef. The Manchester tribunal awarded £13,886 for victimisation.
Redundancy dismissal and victimisation claims fail: law enforcement officer loses tribunal case
A law enforcement officer with four years' service was fairly dismissed by redundancy and his claims of race and age discrimination, harassment, and victimisation were dismissed by the tribunal.
Missed promotion while off sick: constructive dismissal claim fails
An occupational therapy assistant who missed a promotion opportunity while on sick leave because she did not check her work email has lost her constructive dismissal claim. The tribunal ruled the oversight was unintentional.