Accounts assistant's constructive dismissal claim fails after tribunal finds no breach of trust
A tribunal rejected a constructive unfair dismissal claim from an accounts assistant with 10 months' service, finding the employer acted reasonably throughout and the claimant's evidence lacked credibility.
1 min read · Last updated 18 May 2026
Case details
- #management-buyout
- #increased-workload
- #holiday-entitlement-dispute
- #language-in-workplace
- #grievance-process
- #sick-leave
- #credibility-issues
Key facts
- Claimant was employed as an Accounts Assistant from 19 January 2021 to 25 November 2021.
- A management buy-out occurred on 28 January 2021, changing ownership and management.
- Claimant resigned on 25 November 2021, claiming constructive dismissal due to breach of trust and confidence.
- Tribunal found no breach of the implied term of trust and confidence by the respondent.
- Claimant's evidence was found not credible, with witness statements prepared in collaboration and implausible explanations.
- Respondent's actions were found to be supportive and reasonable throughout the employment.
Timeline
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Employment started
Claimant began employment as an Accounts Assistant at Glasswell & Last Ltd.
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Management buy-out
The business was subject to a management buy-out by Mr Harris, Mr Kilbourn, and Mr Hall, who became directors.
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Discussion about full-time role
Mr Hall discussed the possibility of a full-time administrative role with the claimant, but no offer was made due to Mrs Moody's veto.
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Increased hours requested
Claimant requested and was granted an increase in working hours from 16 to 22.5 per week.
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Invoice payment dispute
Claimant received contradictory instructions from Mr Harris and Mr Hall regarding payment of an invoice.
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Signed off sick
Claimant was signed off sick by her GP due to stress and mental health issues.
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Email of complaint
Claimant sent an email to Mr Kilbourn raising concerns about her role, workload, and training.
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Meeting proposed
Mr Hall emailed claimant proposing a meeting to discuss her concerns and plan support.
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Respondent's response
Respondent provided an 8-page provisional response addressing claimant's issues and requesting further information.
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Meeting cancelled
Mr Hall cancelled the scheduled meeting due to claimant's second sick note and concern for her health.
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Resignation
Claimant resigned by email, citing breach of trust and confidence.
The legal issue
The tribunal had to decide whether the employer's conduct, including increased workload, a disputed holiday conversation, and handling of a grievance, amounted to a breach of trust and confidence that forced the employee to resign.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
The key reasons were:
- The employer's actions, including granting increased hours and offering support during sickness, were reasonable and not designed to destroy trust.
- The claimant's evidence was found not credible; witness statements appeared coordinated and explanations were implausible.
- No compensation was awarded as the claim failed.
Lessons & takeaways
- Short-service employees face a higher hurdle in constructive dismissal claims, as tribunals expect a longer history of conduct to establish a breach of trust.
- Keeping a clear record of supportive actions, such as offering meetings and addressing concerns, can help employers defend against constructive dismissal allegations.
- Claimants should ensure their evidence is credible and consistent; coordinated witness statements or implausible explanations can undermine a case.
This case shows how difficult it can be for employees with short service to succeed in constructive dismissal claims. The accounts assistant had worked for only 10 months when she resigned, claiming the employer's conduct — including increased workload, a dispute over holiday entitlement, and the handling of her grievance — destroyed trust and confidence.
What the tribunal found
The tribunal carefully examined each allegation. It found that the employer had acted reasonably throughout: it granted the claimant's request for more hours, offered a meeting to discuss her concerns after she fell sick, and provided a detailed written response to her grievance. The cancellation of the meeting was due to concern for her health, not an attempt to avoid the issue.
Crucially, the tribunal did not believe the claimant's version of events. Her witness statement and that of a former manager appeared to have been prepared together, and some explanations were implausible. By contrast, the employer's witnesses gave consistent and credible evidence.
What the employer did right
The employer could have handled the situation better — for instance, by ensuring clearer communication about holiday entitlement. However, the tribunal noted that the employer's overall response was supportive and proportionate. This case reinforces that a single incident or minor dispute is unlikely to amount to a fundamental breach of trust, especially where the employer is willing to engage and resolve issues.
Why this matters
For employees considering a constructive dismissal claim, this case highlights the importance of credible evidence and a clear pattern of serious misconduct by the employer. Short service and a willingness by the employer to address concerns can significantly weaken a claim. For employers, it shows that a fair and reasonable process, even if imperfect, can successfully defend against such allegations.
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