18-year employee loses constructive dismissal claim over flexible working refusal

A long-service employee's resignation over flexible working

This case shows the high bar for constructive dismissal claims, even for employees with long service. The claimant, an engineer and later salvage buyer with 18 years' service, resigned after his manager refused his request to work a four-day week. He also complained about changes to his bonus, unequal working hours compared to colleagues, and a planned relocation of his department.

The tribunal examined each of these issues. On the flexible working request, the manager refused because the claimant's workload was already high and a four-day week would leave gaps. The tribunal accepted this as a reasonable business decision, not a breach of contract. The bonus changes had been agreed to by the claimant during the pandemic, and the relocation was permitted under a mobility clause in his contract, with consultation having taken place.

What the employer did right

4th Dimension Innovation Ltd was able to show that its actions were based on genuine business needs and that it had consulted the claimant where required. The mobility clause was key – it gave the employer the right to move the claimant to different sites, as long as there was prior consultation. The tribunal also noted that the claimant had agreed to the fixed bonus when he moved to cover the Ride Nation dealership, and later changes were within the employer's discretion.

Why this matters for similar claims

For employees considering a constructive dismissal claim, this case is a reminder that resigning in response to a single refusal or disagreement is unlikely to succeed unless there is a clear, fundamental breach of contract. The tribunal will look at the overall picture and whether the employer acted reasonably in the circumstances. Here, the employer's actions were found to be within its contractual rights and justified by business needs, so the claim failed.