Constructive dismissal claim by hotel receptionist fails: no repudiatory breach
A hotel receptionist who resigned after a series of disciplinary and grievance issues lost her constructive unfair dismissal claim. The tribunal found that Whitbread Group plc did not breach the implied term of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #hotel-receptionist
- #disciplinary-investigation
- #grievance-procedure
- #homophobic-comment-allegation
- #power-cut-incident
- #breakfast-booking-instruction
Key facts
- The claimant worked as a hotel receptionist for Whitbread Group plc from 6 May 2011 until her resignation on 1 November 2020.
- In late 2019, the claimant allowed a non-employee electrician behind reception during a power cut, which the respondent investigated as a potential gross misconduct.
- In February 2020, the claimant was investigated for allegedly refusing to follow a reasonable instruction to ask guests to book breakfast tables.
- A colleague complained that the claimant made a homophobic comment about a guest on 12 February 2020, which the claimant denied.
- The claimant raised a grievance on 23 February 2020, which was not upheld, but the appeal partially upheld a complaint about a missing appraisal.
- The claimant resigned on 1 November 2020, claiming constructive dismissal, but the tribunal found no repudiatory breach of contract.
Timeline
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Employment started
The claimant began working as a hotel receptionist at Premier Inn in Shrewsbury.
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Ransom note incident
The claimant received a 'ransom letter' in a bucket of toy ducks from a colleague, leading to an investigation and a first and final written warning for the colleague.
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Letter of concern
The claimant received a letter of concern for failing to clock in on time, which she disputed due to a mechanical error.
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Power cut incident
During a power cut, the claimant allowed a non-employee electrician behind reception to reset trip switches.
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Shift note about power cut
Manager CB left a shift note reminding the claimant not to let anyone behind reception; the claimant replied justifying her actions.
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Breakfast booking issue raised
CB left a shift note about booking breakfast tables; the claimant responded saying she could not force guests.
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Investigation meeting
LM held an investigatory meeting with the claimant about the power cut and breakfast booking issues.
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Alleged homophobic comment
The claimant allegedly made a homophobic comment about a guest to a restaurant team leader, leading to a written complaint.
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Grievance raised
The claimant raised a grievance alleging bullying and harassment by managers CB and LM.
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Meeting about homophobic comment
The claimant was asked to attend a meeting about the homophobic comment allegation but refused without a witness.
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Claimant off sick
The claimant went on sick leave and did not attend a scheduled disciplinary meeting.
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Grievance meeting
DA held a telephone grievance meeting with the claimant.
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Grievance outcome
DA's grievance investigation concluded that the claimant's allegations of victimisation were not upheld.
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Grievance appeal
The claimant appealed the grievance outcome.
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Grievance appeal hearing
KAB held a grievance appeal hearing with the claimant.
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Grievance appeal outcome
KAB partially upheld the appeal regarding the missing appraisal, recommended dropping the first two disciplinary allegations, but proceeding with the homophobic comment investigation.
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Investigation into homophobic comment
AS interviewed the claimant and others, concluding on balance that the claimant made the alleged remarks.
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Invitation to disciplinary hearing
The claimant was invited to a disciplinary hearing on 2 November 2020 regarding the homophobic comment.
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Resignation
The claimant resigned by email, claiming constructive dismissal.
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Tribunal hearing day 1
Preliminary issues were dealt with, including an amendment application which was refused.
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Tribunal hearing day 2
Evidence and submissions were heard.
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Judgment issued
The tribunal dismissed the claim for constructive unfair dismissal.
The legal issue
The tribunal had to decide whether the employer's conduct, including investigations into a power cut incident, a breakfast booking instruction, and an alleged homophobic comment, together with the handling of the claimant's grievance, destroyed mutual trust and confidence, entitling her to resign and claim constructive dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
- The tribunal found that none of the respondent's actions, considered individually or collectively, amounted to a fundamental breach of contract. The investigations were reasonable and the grievance process was thorough, with the appeal partially upheld.
- The claimant resigned before the disciplinary hearing into the homophobic comment allegation could take place, meaning she did not give the employer a chance to complete its process.
- No compensation was awarded as the claim failed.
Lessons & takeaways
- Resigning before a disciplinary process concludes can undermine a constructive dismissal claim, as the employer may still remedy the situation.
- A single act of poor management is unlikely to amount to a repudiatory breach; the conduct must be serious enough to destroy trust and confidence.
- Raising a grievance does not automatically give the right to resign; the employer must have committed a fundamental breach that justifies leaving without notice.
- Tribunals will look at the employer's overall conduct, including grievance outcomes, to decide if there was a breach of contract.
When does a resignation become a constructive dismissal?
Constructive dismissal occurs when an employer's conduct is so serious that it effectively forces the employee to resign. But not every disagreement or management failure crosses that line. This case shows that employees must be careful not to jump too soon.
The claimant, a hotel receptionist with nine years' service at Whitbread Group plc, resigned after a series of workplace incidents. These included a power cut where she let an electrician behind reception, a dispute over asking guests to book breakfast tables, and an allegation that she made a homophobic comment about a guest. She also raised a grievance about bullying, which was investigated and partially upheld on appeal.
What the tribunal decided
The tribunal found that Whitbread's actions did not amount to a repudiatory breach of the implied term of trust and confidence. The investigations into the power cut and breakfast booking were reasonable, and the grievance process was thorough. The claimant resigned just before a disciplinary hearing into the homophobic comment allegation, meaning she did not give the employer a chance to complete its process. The tribunal noted that the employer was still following proper procedures.
What could have been done differently?
For the claimant, waiting for the disciplinary hearing to conclude might have strengthened her position. If the employer had then dismissed her unfairly, she would have had a stronger claim. For employers, this case is a reminder that a fair process—including investigating grievances and giving employees a chance to respond—can protect against constructive dismissal claims.
Key takeaway for employees
Constructive dismissal is a high bar. The employer's conduct must be a fundamental breach of contract, not just poor management or a series of minor issues. If you are considering resigning, seek legal advice first and ensure you have given the employer a reasonable opportunity to address your concerns.
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