Probation officer's constructive dismissal claim fails: email to MP and grievance not enough
A Probation Services Officer who resigned after sending an email to a service user's MP and raising a grievance about her line manager has lost her constructive unfair dismissal claim.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #probation-officer
- #line-management
- #email-to-mp
- #investigation
- #pquip-pause
- #grievance
Key facts
- The claimant was employed as a Probation Services Officer from 18 April 2006 until she resigned on 25 August 2022.
- Nicola Floyd became the claimant's line manager in August 2021; the claimant alleged she was ignored and unsupported.
- On 23 June 2022, the claimant sent an email to a service user's MP from her work account, which the respondent considered inappropriate.
- The respondent commenced a disciplinary investigation into the email and later expanded it to include concerns about the claimant's relationship with a service user.
- The claimant's PQUIP qualification was paused pending the investigation outcome.
- The claimant resigned on 25 August 2022, citing bullying and a breach of confidentiality.
Timeline
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Employment start
Claimant began employment with the respondent as a Probation Services Officer.
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New line manager
Nicola Floyd became the claimant's line manager.
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Adoption leave start
Claimant began adoption leave.
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Return from adoption leave
Claimant emailed Nicola Floyd about returning from adoption leave.
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PQUIP start
Claimant started the PQUIP qualification course.
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Supervision meeting
Formal supervision meeting between claimant and Nicola Floyd; case A (MP case) discussed.
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Email to MP
Claimant sent an email to a service user's MP from her work account, which led to a disciplinary investigation.
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Return-to-work meeting
Meeting where claimant raised concerns about support; Nicola Floyd stepped down as line manager.
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Grievance raised
Claimant raised a grievance against Nicola Floyd for lack of management support.
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PQUIP paused
Claimant was informed that her PQUIP qualification would be temporarily paused pending investigation.
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Resignation
Claimant resigned, giving one month's notice, citing bullying and breach of confidentiality.
The legal issue
The tribunal had to decide whether the respondent's actions—including the line manager's alleged lack of support, the disciplinary investigation into the email to an MP, and the pausing of the claimant's PQUIP qualification—amounted to a fundamental breach of contract that entitled the claimant to resign and claim constructive dismissal.
The outcome
The claim of constructive unfair dismissal was dismissed.
The tribunal concluded that the respondent's conduct did not breach the implied term of trust and confidence. While the claimant felt unsupported by her line manager, the tribunal found that the respondent's actions, including the disciplinary investigation and the pause on her qualification, were reasonable in the circumstances.
No compensation was awarded.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer—feeling unsupported or unhappy at work is not enough.
- Sending emails to MPs from a work account can trigger a legitimate disciplinary process, even if the employee believes it was appropriate.
- Raising a grievance does not automatically mean the employer has breached trust and confidence; the employer's response must be unreasonable.
- If you resign in response to conduct that is not a repudiatory breach, you will not succeed in a constructive dismissal claim.
- Keep a clear record of all communications and concerns—the tribunal will weigh the evidence carefully.
What this case shows in practice
This case highlights the high bar for constructive dismissal claims. The claimant, a Probation Services Officer with 16 years' service, resigned after a series of disputes with her line manager, including an email she sent to a service user's MP. She alleged that her manager ignored her, failed to support her PQUIP qualification, and that the subsequent disciplinary investigation and pause of her training were acts of bullying.
However, the tribunal found that the respondent's actions were not so severe as to destroy the trust and confidence necessary for the employment relationship. The email to the MP was a legitimate concern for the employer, and the investigation and pause of the qualification were proportionate responses. The claimant's grievance was also addressed, albeit not to her satisfaction.
What the losing side could have done differently
The claimant might have benefited from seeking advice before resigning. Constructive dismissal requires the employee to leave in response to a fundamental breach—not just any disagreement. If she had waited for the outcome of the investigation or pursued her grievance through internal processes, she might have avoided the risk of losing her claim. Additionally, documenting specific instances of unreasonable behaviour, rather than general feelings of being ignored, could have strengthened her case.
Why the result matters for similar claims
This decision reinforces that employers are entitled to investigate potential misconduct, even if the employee feels it is unfair. The tribunal will look at the overall context, including the employer's response to the employee's concerns. For employees, the message is clear: constructive dismissal is not a remedy for workplace dissatisfaction or poor management alone—it requires a serious breach that leaves no reasonable option but to resign.
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