Office administrator wins constructive dismissal after employer raised appearance and relationship issues in capability letter
A tribunal found that an office administrator was constructively unfairly dismissed after her employer included unparticularised criticisms about her appearance and relationships with colleagues in a capability letter. She was awarded £3,497.79, reduced by 75% for contributory fault.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as an office administrator from 26 November 2016 until she resigned on 2 July 2021.
- The respondent included unparticularised criticisms about the claimant's relationships with colleagues and her appearance in a capability letter.
- The tribunal found that including those irrelevant matters was a fundamental breach of the implied term of mutual trust and confidence.
- The claimant resigned after receiving a grievance outcome that failed to adequately address those criticisms.
- The tribunal found the claimant would have resigned in any event and applied a 75% contributory fault deduction.
Timeline
-
Employment started
The claimant began working as an office administrator for Beaumont and Fletcher Ltd.
-
One-to-one meeting
The claimant expressed discontent and desire for more responsibility; tension arose.
-
Meeting about Sage system
Ms Durisova raised the need to update the Sage system; the claimant reacted negatively.
-
Oral resignation
During a meeting about the Oro Bianco packing lists, the claimant said 'I've had enough, I am done' and orally resigned.
-
Meeting to discuss resignation
Ms Durisova held the claimant to her resignation; the claimant did not accept responsibility for packing list issues.
-
Capability letter sent
Ms Durisova sent a letter headed 'disciplinary hearing' but referring to capability, including seven points of concern.
-
First grievance
The claimant filed a grievance alleging unfair treatment and race discrimination.
-
Return to work and meeting
The claimant returned from sick leave; a meeting was held to discuss performance and her grievance.
-
Improvement notice issued
The claimant was issued an improvement notice with daily monitoring.
-
Resignation
The claimant resigned by letter, citing poor treatment and race discrimination.
The legal issue
The tribunal had to decide whether the employer's inclusion of unparticularised criticisms about the claimant's relationships with colleagues and her appearance in a capability letter amounted to a fundamental breach of the implied term of mutual trust and confidence, allowing her to resign and claim constructive unfair dismissal.
The outcome
The tribunal found that Beaumont and Fletcher Ltd had breached the implied term of mutual trust and confidence by including irrelevant, unparticularised criticisms about the claimant's relationships with colleagues and her appearance in a capability letter. This breach entitled the claimant to resign and claim constructive unfair dismissal.
However, the tribunal also found that the claimant would have resigned in any event due to her own conduct, and applied a 75% reduction for contributory fault.
Compensation:
- Basic award: £816.00
- Compensatory award: £140.12
- Total: £3,497.79 (after contributory deduction)
Lessons & takeaways
- Employers should avoid including personal or irrelevant criticisms in formal capability or disciplinary letters, as this can breach mutual trust and confidence.
- If an employee raises a grievance about inappropriate content in a letter, the employer must address it properly; failing to do so may strengthen a constructive dismissal claim.
- Contributory fault can significantly reduce compensation if the employee's own conduct contributed to the dismissal, even in constructive dismissal cases.
This case shows how a seemingly small misstep in an employer's formal correspondence can lead to a finding of constructive unfair dismissal. The office administrator, who had four years' service, was already in a strained relationship with her director. When the director sent a capability letter that included unparticularised criticisms about the employee's relationships with colleagues and her appearance, the tribunal found this crossed the line.
The employer could have avoided this outcome by sticking to relevant, specific performance issues in the capability letter. Instead, the inclusion of personal and vague criticisms was a fundamental breach of trust. Even though the employee had earlier orally resigned, the letter and the inadequate grievance response that followed gave her a fresh basis to resign and claim constructive dismissal.
The result matters because it reminds employers that the content of formal letters must be carefully considered. Irrelevant or personal remarks can destroy trust, even if the employer's underlying concerns about performance are genuine. For employees, this case illustrates that a poorly handled capability process can give rise to a successful constructive dismissal claim, though contributory fault may reduce compensation if the employee's own behaviour played a part.
Similar cases
Care worker resigned after 'so bipolar' comment and sudden role change: constructive dismissal claim allowed to proceed
A care assessment officer who was told she was 'so bipolar' and had her role changed with less than 24 hours' notice has been allowed to add protected disclosure claims to her constructive dismissal case.
Restaurant manager's constructive dismissal and race discrimination claim rejected
A restaurant general manager who resigned after a disciplinary process and alleged race discrimination has lost his claims of constructive dismissal and race discrimination at the Leeds Employment Tribunal.
Cleaner complaint and grievance process: constructive dismissal claim fails
A customer service representative who resigned claiming constructive dismissal after a cleaner's complaint and a failed grievance has lost her case. The tribunal found no fundamental breach of trust and confidence.
Lay-off without pay upheld: 17-year employee loses constructive dismissal claim over unsigned contract
A CAD/CAM designer with 17 years' service lost his constructive dismissal claim after being laid off for four weeks without pay. The tribunal found he had accepted a 2018 contract with a lay-off clause by his conduct.