Store manager's constructive dismissal claim over foot injury rejected
A store manager who resigned after claiming her employer refused annual leave and a five-day week to rest a foot injury has lost her constructive unfair dismissal claim.
2 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #foot-injury
- #annual-leave-request
- #working-days-request
- #failure-to-seek-medical-advice
- #resignation
Key facts
- The claimant worked as a Store Manager from 18 May 2015 to 28 November 2022.
- She injured her foot around the end of August 2022 and visited A&E on 31 August 2022.
- She did not see any other health professional about her foot for three months.
- She alleged she asked for annual leave to rest her foot but the tribunal found she did not.
- She alleged she was refused permission to work five days a week but the tribunal found she was allowed.
- She resigned on 23 November 2022, giving notice, and was paid in lieu.
Timeline
-
Employment started
Claimant began working as Store Manager at Smyths Toys Meadowhall store.
-
Alleged accident
Claimant alleged she injured her foot at work on this date.
-
Hospital visit
Claimant went to A&E after her manager insisted; x-ray showed no fracture; advised to rest.
-
Time off
Claimant took 31 Aug and 1 Sept off on full pay as instructed by manager.
-
Return to work
Claimant returned to work despite foot pain; did not request further time off.
-
Alleged leave request
Claimant said she asked for annual leave to rest foot; tribunal found she did not.
-
Six-day week email
Manager emailed managers requiring six-day weeks in run-up to Christmas.
-
Conversation about working days
Claimant told manager she couldn't work six days; manager said it was fine but she should see a doctor.
-
Resignation email
Claimant resigned by email, citing inability to rest foot and continued pain; said she would work five days a week.
-
Notice period
Claimant's resignation accepted; she was not required to work notice and was paid in lieu.
The legal issue
The tribunal had to decide whether the employer's conduct—allegedly refusing annual leave and a request to work five days a week—amounted to a fundamental breach of the implied duty of trust and confidence, justifying the employee's resignation.
The outcome
The tribunal dismissed the claim. It found that the store manager did not ask for annual leave to rest her foot, and that she was permitted to work five days a week despite a general six-day requirement. The employer had also insisted she attend A&E and paid for her taxi. No compensation was awarded.
Lessons & takeaways
- Keep a clear record of any requests for adjustments or leave, especially if you are in pain or injured.
- If you believe your employer is not supporting you, raise a formal grievance before resigning to give them a chance to address the issue.
- Constructive dismissal claims require a fundamental breach of contract—disagreements about working patterns may not be enough if the employer is willing to accommodate.
- Seek medical advice promptly and follow up if symptoms persist; a three-month gap without seeing a doctor can weaken your case.
When a foot injury leads to resignation
A store manager with seven years' service resigned after injuring her foot, claiming her employer refused to let her take annual leave to rest and insisted she work six days a week. She argued this was a fundamental breach of trust and confidence, making her constructive dismissal unfair. The tribunal, however, found the facts did not support her version of events.
What the evidence showed
The tribunal heard that the manager's line manager had actually insisted she go to A&E when he saw she was in pain, arranging and paying for a taxi. She was told to rest and took two days off on full pay. She then returned to work and did not see any other health professional about her foot for three months. The tribunal found she did not ask for annual leave to rest her foot, and when she raised concerns about working six days, her manager said it was fine and advised her to see a doctor. She was not refused a five-day week.
Why the claim failed
For a constructive dismissal claim to succeed, the employer's conduct must be a fundamental breach of the implied duty of trust and confidence. Here, the tribunal concluded that the employer had been supportive—sending her to hospital, allowing time off, and accommodating her request to work five days. The manager's resignation was not a response to any breach by the employer. The case shows that a perception of being unsupported, without evidence of a clear refusal or unreasonable behaviour, is unlikely to meet the legal threshold.
What this means for similar claims
Employees considering a constructive dismissal claim should ensure they have clear evidence of a request being refused or an unreasonable demand being imposed. A failure to seek medical advice or to raise a formal grievance can undermine the argument that the employer's conduct was the cause of the resignation. This case also highlights that an employer who takes proactive steps to support an injured employee—even if the employee feels it was not enough—may successfully defend a claim.
Similar cases
Support Manager's constructive dismissal claim over role change fails
A Support Manager who resigned after her role was changed and workload reduced lost her constructive unfair dismissal claim. The tribunal found no breach of trust and confidence.
Recruitment coordinator's constructive dismissal claim over informal warning and bonus rejected
The tribunal dismissed claims of constructive unfair dismissal and breach of contract for non-payment of a discretionary bonus, finding no repudiatory breach of trust and confidence.
Area manager's constructive dismissal claim fails after resignation by email
An area manager with 8 years' service resigned by email after his grievance was rejected. The tribunal found he was not constructively dismissed because the employer's conduct did not amount to a fundamental breach of trust and confidence.
Support worker who resigned over health and safety fears loses constructive dismissal claim
A support worker who resigned after reporting a jammed door lock and a blocked fire exit has lost her claim for constructive unfair dismissal. The tribunal found no serious or imminent danger.