Operations manager resigns after duties removed: constructive dismissal claim succeeds
An operations manager with 8 years' service was constructively dismissed after the church removed his communications duties and excluded him from key decisions. The tribunal awarded £11,009.77.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #implied-term-trust-and-confidence
- #last-straw
- #removal-of-duties
- #church-employment
Key facts
- Mr Boyton was Operations Manager from 11 December 2012 until he resigned on 30 November 2020.
- On 21 March 2020, Reverend Cooke removed Mr Boyton's responsibility for communications by email without prior discussion.
- Mr Boyton was excluded from discussions about changing finance software in November 2020.
- The tribunal found that the removal of duties and exclusion from finance discussions together breached the implied term of trust and confidence.
- Mrs Burn's claims failed because none of the alleged acts amounted to a breach of the implied term.
Timeline
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Mr Boyton started employment
Mr Boyton commenced as Operations Manager for the Respondent.
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Removal of communications duties
Reverend Cooke emailed staff stating that all communications must go via Mr Copsey, removing a significant part of Mr Boyton's role.
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Meeting about disposed property
Reverend Cooke raised the disposal of a church member's bags at a meeting with church wardens and treasurer.
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Email considering dismissal
Church warden Lisa Jones emailed options including dismissal for gross misconduct, which Mr Boyton read.
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Finance software discussion
Mr Boyton discovered that changes to finance software were being discussed without his involvement.
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Telephone call with Reverend Cooke
Mr Boyton recorded a call where Reverend Cooke said the relationship was 'not good' but did not say it was untenable.
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Resignation
Both Mr Boyton and Mrs Burn resigned with immediate effect, citing various grievances.
The legal issue
The tribunal had to decide whether the church's conduct—removing the claimant's communications duties without discussion and excluding him from finance software changes—amounted to a breach of the implied term of trust and confidence, justifying his resignation.
The outcome
The tribunal upheld Mr Boyton's claim of constructive unfair dismissal and wrongful dismissal.
The key reason was that the removal of his communications duties in March 2020, combined with his exclusion from finance software discussions in November 2020, together destroyed the trust and confidence required in the employment relationship.
Compensation:
- Basic award: £4,493.90
- Compensatory award: £832.00
- Total: £11,009.77 (including notice pay)
Lessons & takeaways
- Removing a significant part of an employee's role without prior discussion can breach the implied term of trust and confidence.
- Excluding a long-serving manager from decisions that fall within their remit may be a 'last straw' that justifies resignation.
- Employers should ensure that any change to an employee's duties is discussed and agreed, not imposed unilaterally.
- Constructive dismissal claims require the employee to resign in response to the breach, not after affirming the contract by delay.
What this case shows
This case illustrates how a series of management actions, each perhaps minor on its own, can cumulatively destroy the trust and confidence needed for an employment relationship to continue. The claimant, an operations manager with eight years' service, had his communications duties removed by email without any prior discussion. Months later, he was excluded from discussions about changing finance software—a decision that fell squarely within his role.
For the tribunal, the combination of these two acts was decisive. The removal of duties was a significant erosion of his role, and the exclusion from finance discussions was the 'last straw' that made continued employment untenable. The church's failure to engage with the claimant or explain its decisions made the breach clear.
What the church could have done differently
The respondent could have avoided the claim by discussing the proposed changes with the claimant before implementing them. Even if the church had valid reasons for restructuring, a proper consultation process would have demonstrated respect for the claimant's role and preserved trust. Instead, the unilateral actions left the claimant with no option but to resign.
Why this matters
This case is a reminder that constructive dismissal claims can succeed even where no single act is catastrophic. Employers must be careful not to undermine a manager's authority or responsibilities without proper process. For employees, it shows that a pattern of behaviour, rather than a single incident, can form the basis of a successful claim—provided they resign promptly and do not affirm the contract.
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