Constructive dismissal claim fails but notice pay awarded after immediate exit
A former operative who resigned after just five weeks with a new employer lost his constructive unfair dismissal claim but won £507 in notice pay after being told to leave immediately.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #breach-of-contract
- #notice-pay
- #pda-training
- #job-allocation
- #tupe-transfer
Key facts
- The claimant transferred to the respondent via TUPE on 30 May 2022.
- The claimant received two days of induction training but missed the first day due to holiday.
- The claimant had difficulties using the PDA for timesheets but received support from colleagues.
- Only two out of many jobs were incorrectly allocated to the claimant.
- The claimant resigned on 7 July 2022 via Teams message, offering to work the following week.
- The respondent told the claimant to leave with immediate effect, preventing him from working his notice.
Timeline
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Claimant started employment with Axis Europe plc
The claimant commenced employment with Axis Europe plc, the predecessor company.
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First TUPE consultation meeting
TUPE consultation meetings began with the claimant and seven colleagues.
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TUPE transfer to respondent
The claimant's employment transferred to Ian Williams Ltd under TUPE.
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Induction training started
The claimant attended two days of induction training on 31 May and 1 June 2022.
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Claimant resigned
The claimant sent a Teams message resigning and offering to work the following week.
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Respondent told claimant to leave immediately
The respondent's representative told the claimant to finish with immediate effect.
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Claimant raised grievance
The claimant submitted a formal grievance letter.
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Grievance meeting
A grievance meeting was held, chaired by Tom Simpson with HR support.
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Grievance appeal hearing
The claimant attended an appeal hearing with Mr Hackett.
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Claim presented to tribunal
The claimant presented his claim to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the employer's actions (inadequate training, incorrect job allocations, and pay issues) amounted to a fundamental breach entitling the claimant to resign and claim constructive dismissal, and whether the claimant was entitled to notice pay after being told to leave immediately.
The outcome
The tribunal dismissed the constructive unfair dismissal claim, finding that the employer's conduct did not amount to a fundamental breach of contract. The training issues and job allocation errors were minor and did not justify resignation.
However, the tribunal upheld the breach of contract claim for notice pay. The claimant offered to work his notice period, but the employer told him to leave immediately, depriving him of one week's pay.
Compensation:
- Damages for breach of contract (notice pay): £507.20 (gross, subject to tax deductions)
Lessons & takeaways
- Resigning in response to minor training or allocation issues is unlikely to succeed as constructive dismissal unless there is a serious, fundamental breach of contract.
- Employers should allow employees to work their notice period if offered, or pay in lieu; telling them to leave immediately without pay can lead to a successful breach of contract claim.
- TUPE transfers do not automatically lower the standard of conduct expected from an employer; new processes should be supported adequately, but minor teething problems are not usually enough to justify resignation.
- Keeping a clear record of any offer to work notice and the employer's response is crucial for a notice pay claim.
A short-lived role and a quick resignation
The claimant transferred to Ian Williams Ltd under TUPE in May 2022 after working for a predecessor company. He received two days of induction training but missed the first day due to a holiday. He struggled with the handheld PDA device used for timesheets, though colleagues helped him. Only two jobs were incorrectly allocated to him. After just five weeks, he resigned via a Teams message, offering to work the following week. The employer told him to leave immediately.
Why the constructive dismissal claim failed
The tribunal examined whether the employer's actions amounted to a fundamental breach of contract – the key test for constructive dismissal. It found that the training issues and job allocation errors were minor and did not go to the root of the contract. The employer had provided support, and the claimant had not raised a formal grievance before resigning. Without a serious breach, the resignation was not a response to an intolerable situation, and the claim failed.
Notice pay: a different outcome
On the notice pay claim, the tribunal found that the claimant had offered to work his notice period. By telling him to leave immediately, the employer breached the implied term of mutual trust and confidence and the contractual right to notice. The claimant was awarded £507.20, representing one week's pay. This part of the claim succeeded because the employer prevented him from working the notice he had offered.
What this means for similar cases
This case highlights the high bar for constructive dismissal: minor operational issues, especially early in employment, are unlikely to justify resignation. However, employers must respect notice periods. Refusing an employee's offer to work notice and sending them home without pay can result in a straightforward breach of contract claim, even if the main dismissal claim fails.
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