Constructive dismissal claim fails: no breach of trust and confidence found after workload dispute
An Admissions Registrar with 16 years' service resigned claiming constructive dismissal after a colleague's informal complaint about her work distribution. The tribunal dismissed the claim, finding no repudiatory breach of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #trust-and-confidence
- #last-straw
- #informal-complaint
- #workload-dispute
Key facts
- The claimant was employed as an Admissions Registrar from 1 January 2006 until her resignation on 17 December 2021.
- A colleague, Ms Archer, informally complained about the claimant's work distribution in early 2021.
- The headmaster, Mr Honey, attempted to resolve the issue by adjusting the claimant's holiday working pattern.
- The claimant alleged bullying by Ms Archer but did not raise a formal grievance until after resigning.
- The tribunal found the claimant did not inform her employer of feeling bullied before resigning.
- The tribunal concluded the respondent did not breach the implied term of trust and confidence.
Timeline
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Employment start
Claimant began employment as Admissions Registrar at Hydesville Tower School.
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New headmaster appointed
Mr Warren Honey became head of the school.
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Informal complaint by colleague
Ms Archer complained to Mr Honey that the claimant was not performing full contractual duties, particularly during holidays.
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Meeting with headmaster
Mr Honey met the claimant to discuss the complaint; claimant felt her honesty was questioned.
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Holiday working arrangement agreed
Mr Honey emailed a breakdown of holiday working days; claimant agreed to try the new arrangement.
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Three-way meeting
Mr Honey met with claimant and Ms Archer to discuss work distribution; claimant alleged Ms Archer was aggressive.
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Meeting with regional manager
Claimant met Mrs Chambers and said she felt bullied; Mrs Chambers denied this was mentioned.
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Email to headmaster
Claimant sent a professional email indicating she was managing workload, with no mention of problems with Ms Archer.
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Colleague resignation
Mrs Vas, a support staff member, resigned.
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Meeting and phone call
Mrs Chambers met claimant via Teams; Mr Honey later called to confirm Mrs Vas would not be replaced.
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Resignation
Claimant resigned by letter, citing excessive workload, lack of support, and intolerable environment.
The legal issue
The tribunal had to decide whether the employer's conduct, taken as a whole, destroyed or seriously damaged the relationship of trust and confidence, and whether the claimant resigned in response to that conduct.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
The key reasons were:
- The employer's response to the informal complaint was reasonable: a meeting, an agreed holiday working arrangement, and further discussions.
- The claimant did not raise a formal grievance or clearly communicate that she felt bullied before resigning.
- The final 'last straw' event (the decision not to replace a colleague) was not a breach of contract, and the cumulative conduct did not meet the high threshold for a repudiatory breach.
No compensation was awarded as the claim failed.
Lessons & takeaways
- If you feel bullied or harassed, raise a formal grievance in writing before resigning — tribunals expect you to give your employer a chance to address the issue.
- Constructive dismissal requires a serious breach of contract by the employer; unreasonable behaviour alone is not enough.
- Keep a clear record of any complaints you make and the employer's responses — this can help show whether trust and confidence has been undermined.
- Length of service does not automatically make a constructive dismissal claim stronger; the focus is on the employer's conduct and whether you gave them an opportunity to remedy it.
A long-serving employee's resignation
This case involved an Admissions Registrar who had worked for the same school for 16 years. After a colleague informally complained about her work distribution, the headmaster tried to resolve the issue by adjusting her holiday working pattern. The employee felt her honesty was questioned and later alleged bullying by the colleague, but she did not raise a formal grievance or clearly tell her employer she was being bullied before resigning.
The tribunal heard that the employer held meetings, agreed a new working arrangement, and continued to discuss concerns. The final straw for the employee was when she was told a departing colleague would not be replaced, increasing her workload. She resigned by letter, citing excessive workload, lack of support, and an intolerable environment.
Why the claim failed
The tribunal applied the legal test for constructive dismissal: whether the employer's conduct was likely to destroy or seriously damage the relationship of trust and confidence. It found that the employer's actions were reasonable attempts to manage a workplace disagreement. The employee had not communicated that she felt bullied, and the decision not to replace a colleague was a legitimate operational choice, not a breach of contract.
The tribunal also noted that the employee did not use the employer's grievance procedure before resigning. This meant the employer was not given a proper opportunity to address her concerns. The cumulative conduct did not meet the high threshold needed for a repudiatory breach.
What this means for similar claims
This case highlights the importance of communication and process. Employees who feel they are being forced out should raise concerns formally and give the employer a chance to respond. A constructive dismissal claim will only succeed if the employer's conduct is a serious breach of contract, not just unreasonable. For employers, the case shows that taking reasonable steps to address informal complaints and maintaining open dialogue can defend against such claims.
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