Assistant Service Manager who resigned over long hours loses constructive dismissal claim
A tribunal has rejected a constructive unfair dismissal claim from an assistant service manager who resigned after working up to 12-hour days, finding the employer did not require or expect the excessive hours.
2 min read · Last updated 18 May 2026
Case details
- #excessive-hours
- #overtime
- #bullying-allegations
- #job-description-dispute
- #breaks
- #acas-code
Key facts
- The claimant worked as an Assistant Service Manager at Waterside from 9 May 2022.
- From 4 to 13 July 2022, the claimant worked between 8 and 12 hours per day, exceeding 40 hours per week.
- The tribunal found that the respondent did not require or expect the claimant to work excessive hours.
- The tribunal rejected the claimant's allegations of bullying and being asked to perform tasks outside her job description.
- The claimant resigned on 13 July 2022 with notice, citing excessive hours and lack of time off in lieu.
- The tribunal found no repudiatory breach of contract and dismissed the constructive unfair dismissal claim.
Timeline
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Employment started
Claimant started as Customer Services Manager.
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Role change
Claimant became Assistant Service Manager.
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Moved to Waterside
Claimant transferred to Waterside site.
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Conversation about hours
Claimant discussed working hours with Ms Austin; tribunal rejected claimant's version.
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Conversation with Mr Delaroue
Claimant alleged Mr Delaroue said she would never be in charge; tribunal rejected this.
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Moving water and fridges
Claimant assisted moving bottles of water; tribunal found no requirement to move pallets or fridges.
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Resignation
Claimant resigned with notice, final day 14 August 2022.
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Last working day
Claimant worked 07:00-15:30.
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Sick leave
Claimant signed off due to back pain until 14 August 2022.
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New job started
Claimant started at Boots Optician at commensurate pay.
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Resigned from new job
Claimant left Boots because she disliked administering eye tests.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed, meaning whether the employer committed a repudiatory breach of contract that caused the claimant to resign.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal. It found that the employer did not require or expect the claimant to work excessive hours, and rejected the claimant's allegations of bullying and being asked to perform tasks outside her job description. The tribunal concluded there was no repudiatory breach of contract, so the resignation was not a constructive dismissal. No compensation was awarded.
Lessons & takeaways
- If you resign claiming constructive dismissal, you must show that your employer committed a serious breach of contract – working long hours voluntarily is not enough.
- Keep a clear record of any instructions from your employer that require you to work excessive hours; the tribunal will look at what the employer actually required, not just what you felt pressured to do.
- Allegations of bullying or being asked to do tasks outside your job description need strong evidence – the tribunal will weigh witness credibility carefully.
- Resigning quickly without raising a formal grievance can weaken your case, as the tribunal may see you as not giving the employer a chance to resolve issues.
When long hours don't add up to constructive dismissal
This case shows the difficulty of proving constructive unfair dismissal when the dispute is about working hours and job duties. The claimant, an assistant service manager with three years' service, resigned after a period of working 8 to 12 hours per day, claiming she was expected to work excessive hours without time off in lieu. She also alleged bullying and being asked to perform tasks outside her job description, such as moving water pallets and fixing a coffee machine.
However, the tribunal did not accept her version of events. It found that the employer, BaxterStorey Limited, did not require or expect the claimant to work excessive hours. The tribunal rejected the allegations of bullying and found that the tasks the claimant was asked to do were within her role. The key issue was that the claimant had not been instructed to work long hours – she had chosen to do so, and the employer had not created a culture where refusing overtime would have consequences.
What the employer did right
BaxterStorey successfully defended the claim by presenting witness evidence that contradicted the claimant's account. The tribunal preferred the evidence of the employer's witnesses, finding them more credible. The employer was also able to show that the claimant's job description was flexible and that the tasks she complained about were reasonable requests. The employer had not breached any express or implied terms of the contract.
What this means for similar claims
This case is a reminder that constructive dismissal claims require a fundamental breach of contract by the employer. Simply feeling overworked or unhappy with your duties is not enough – you must show that the employer's conduct was so serious that it destroyed the trust and confidence in the relationship. The tribunal will look at what the employer actually required, not just what you felt pressured to do. If you are considering resigning and claiming constructive dismissal, it is important to raise your concerns formally with your employer first and give them a chance to address them.
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