Senior pharmacist's constructive dismissal claim fails: trust and confidence not breached
The tribunal rejected a constructive unfair dismissal claim by an Associate Chief Pharmacist, finding the Trust had not breached the implied term of trust and confidence.
1 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #senior-pharmacist
- #work-related-stress
- #flexible-working
- #risk-assessment
- #performance-concerns
Key facts
- The claimant was employed as an Associate Chief Pharmacist Clinical Lead from 5 November 2018 until her resignation on 16 August 2021.
- The claimant's role was Band 8C, a senior position with 50% clinical and 50% managerial duties.
- The claimant made several flexible working requests, all of which were approved by her manager Ms Berns.
- A risk assessment was completed in April 2021 following the claimant's work-related stress, and actions were agreed to mitigate issues.
- The claimant resigned by letter on 16 August 2021, citing no specific complaints about her manager's support.
- The tribunal found that the respondent had not breached the implied term of trust and confidence.
Timeline
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Employment start
Claimant commenced employment as Associate Chief Pharmacist Clinical Lead.
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First probationary milestone review
Ms Berns conducted a milestone review with the claimant.
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Second probationary milestone review
Another milestone review was held.
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First appraisal
Claimant's first appraisal noted Ms Berns was very supportive.
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Second appraisal
Claimant mentioned working outside hours but did not request adjustments.
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Return to work meeting
Meeting after sick leave for work-related stress; discussion about annual leave.
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Reconvened meeting with HR
Meeting with HR to discuss annual leave and agree risk assessment.
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Risk assessment completed
Risk assessment identified work-related stresses and actions to mitigate.
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Meeting about EPMA implementation
Coaching discussion about claimant's management of electronic prescribing rollout.
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Risk assessment review meeting
Claimant agreed all actions completed; no further concerns raised.
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Final appraisal
Claimant stated no special requirements at work.
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Meeting about senior pharmacist grievance
Discussed informal capability process regarding claimant's handling of a senior pharmacist.
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Resignation
Claimant resigned by letter, working notice until 17 November 2021.
The legal issue
The tribunal had to decide whether the Trust's conduct amounted to a fundamental breach of the implied term of trust and confidence, entitling the claimant to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claimant's claim for constructive unfair dismissal.
The key reason was that the Trust had not breached the implied term of trust and confidence. The claimant's flexible working requests were approved, a risk assessment was completed following work-related stress, and the claimant did not raise specific complaints about her manager's support before resigning.
No compensation was awarded as the claim was unsuccessful.
Lessons & takeaways
- To succeed in a constructive dismissal claim, you must show your employer committed a fundamental breach of contract, such as destroying trust and confidence.
- Resigning without first raising specific concerns about your employer's conduct can weaken a constructive dismissal case.
- Employers who accommodate flexible working requests and conduct risk assessments following stress-related absence are likely to be seen as acting reasonably.
- Senior employees are expected to use internal processes to raise concerns before resigning, especially when managerial support has been offered.
What this case shows in practice
This case illustrates the high bar for constructive dismissal claims, particularly for senior employees. The claimant, an Associate Chief Pharmacist Clinical Lead, resigned after two years and nine months, citing work-related stress and a breakdown in trust. However, the tribunal found that the Trust had consistently supported her: flexible working requests were approved, a risk assessment was completed, and regular one-to-one meetings were held. The claimant had not raised specific complaints about her manager's support before resigning, which undermined her claim.
What the losing side could have done differently
The claimant could have raised her concerns more explicitly through the Trust's grievance procedure before resigning. The tribunal noted that she had opportunities in appraisals and meetings to flag issues but did not do so. By resigning without first giving the Trust a chance to address her concerns, she weakened her case. The Trust, for its part, had already taken reasonable steps by approving flexible working and conducting a risk assessment.
Why the result matters for similar claims
This decision reinforces that constructive dismissal claims require a fundamental breach of contract, not just dissatisfaction with working conditions. Employees who feel pushed out should document their concerns and use internal processes before resigning. For employers, the case shows that accommodating requests and following up on stress-related issues can help defend against such claims.
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