Area manager's constructive dismissal claim fails after resignation by email
An area manager with 8 years' service resigned by email after his grievance was rejected. The tribunal found he was not constructively dismissed because the employer's conduct did not amount to a fundamental breach of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned by email on 16 February 2023 after his grievance was not upheld.
- The claimant had raised a grievance in August 2021 about a senior manager's behaviour, which was investigated and resolved with an apology.
- The claimant raised a further grievance in late December 2022 about the same manager, which was investigated by a junior employee and rejected in early February 2023.
- The claimant attended a disciplinary hearing on 17 February 2023 after his resignation, where he was dismissed for gross misconduct.
- The tribunal found the claimant resigned unambiguously and was not constructively dismissed.
Timeline
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Employment started
The claimant began working for the respondent or their predecessors.
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First grievance raised
The claimant and colleagues raised a grievance about the behaviour of senior manager Mr Shabbir.
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Manager's behaviour reverted
After an apology, Mr Shabbir's behaviour returned to previous patterns during a visit to the Durham store.
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Second grievance raised
The claimant raised a further grievance about Mr Shabbir, investigated by Joe Langton.
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Grievance rejected
The respondent concluded the claimant's complaints did not amount to a valid grievance.
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Claimant resigned
The claimant sent an email at 12:45 resigning after being told his grievance was unsuccessful.
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Disciplinary hearing scheduled
Later that day, the claimant was required to attend a disciplinary hearing the next day.
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Disciplinary hearing and dismissal
The claimant attended the hearing and was dismissed for gross misconduct regarding staff using premises for domestic purposes.
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Respondent entered liquidation
The respondent passed a resolution for creditors' voluntary liquidation.
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Tribunal hearing and judgment
The employment tribunal heard the case and dismissed the claim of unfair dismissal.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed or resigned voluntarily, and whether the respondent's conduct amounted to a fundamental breach of the implied term of trust and confidence.
The outcome
The tribunal dismissed the claim of unfair dismissal.
- The tribunal found that the claimant resigned by email on 16 February 2023 and was not constructively dismissed.
- The employer's conduct, including the handling of grievances and the disciplinary hearing after resignation, did not amount to a fundamental breach of contract.
- No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you resign by email, make it clear that you are resigning in response to a fundamental breach by your employer, not just because you are unhappy with a grievance outcome.
- A constructive dismissal claim requires you to show that your employer's conduct was so serious it destroyed trust and confidence – a single act may not be enough.
- Raising a grievance does not automatically justify resignation; you must resign promptly after the alleged breach.
- Attending a disciplinary hearing after resigning does not convert your resignation into a dismissal.
This case shows the difficulty of proving constructive dismissal when an employee resigns by email after a grievance is rejected. The area manager had 8 years' service and raised concerns about a senior manager's behaviour, but the tribunal found that the employer's response – including an apology and a later investigation – did not amount to a fundamental breach of the implied term of trust and confidence.
What the tribunal considered
The key issue was whether the employer's conduct before the resignation was so serious that the employee was entitled to treat the contract as ended. The tribunal noted that the employee did not resign promptly after the first grievance in 2021, and the second grievance was investigated and rejected. The resignation email did not refer to a breach of contract, and the subsequent disciplinary hearing did not change the fact that the resignation had already taken effect.
What the employer could have done differently
While the employer's handling of the grievances was not perfect, the tribunal found it was not a repudiatory breach. The employer could have ensured the grievance investigation was more thorough and independent, but the employee's decision to resign before the disciplinary process was complete weakened his case.
Why this matters for similar claims
Employees considering resignation should ensure they have clear evidence of a fundamental breach and resign promptly. A grievance outcome that is disappointing does not automatically justify constructive dismissal. This case also highlights that attending a disciplinary hearing after resignation does not revive the employment relationship.
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