25 years of service ended by constructive dismissal after role change and furlough breach
An administrator with 25 years' service won £21,237 after being constructively dismissed when her employer changed her role, required her to work while on furlough, and sent work during sick leave.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked for the respondent as an Administrator for 25 years.
- On 10 March 2021, the General Manager told the claimant she would be moved to a different role and her duties given to others.
- The claimant was on furlough but was required to work, contrary to the Job Retention Scheme.
- While on sick leave for work-related stress, the claimant was sent work to do at home.
- The claimant resigned on 8 June 2021, citing breach of trust and confidence.
- The respondent failed to respond to the claim and did not attend the hearing.
Timeline
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Employment commenced
Claimant started working for the respondent as a full-time Administrator.
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Informed of role change
General Manager Tony Clingan told the claimant that Dr Chen wanted her to train others to do her job and move her to a different role.
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Written confirmation of role change
Mr Clingan emailed the claimant outlining plans to change her role, including involvement in function sales and having Margaret handle accounts.
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Signed off sick
Claimant was signed off for two weeks with work-related stress; she was sent work to do at home within hours.
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Further sick leave
Claimant was signed off for another two weeks; Mr Clingan continued to send work.
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Extended sick leave
Claimant was signed off for four weeks due to work-related stress and arm pain; work continued to be sent.
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Pay query
Claimant received salary and queried the amount; she later received payslip showing sick pay despite working.
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Resignation
Claimant resigned with three months' notice, citing breach of trust and confidence and unpaid wages.
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Resignation acknowledged
Mr Clingan acknowledged resignation but did not respond to the points raised.
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Claim presented
Claimant presented her claim to the Employment Tribunal.
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Final hearing
Hearing took place at Watford Employment Tribunal; respondent did not attend.
The legal issue
The tribunal had to decide whether the employer's actions amounted to a fundamental breach of contract that entitled the employee to resign and claim constructive unfair dismissal, and whether unauthorised deductions from wages and unpaid holiday pay were also due.
The outcome
The tribunal upheld all claims. The claimant was constructively unfairly dismissed after 25 years of service. The employer failed to respond to the claim or attend the hearing.
Compensation:
- Basic award: £10,050.00
- Compensatory award: £3,705.00
- Unauthorised deductions: £3,295.62
- Holiday pay: £722.54
- Notice pay (breach of contract): £2,664.42
- Total: £21,237.58
Lessons & takeaways
- Long-serving employees are entitled to a fair process before significant role changes are imposed.
- Requiring furloughed staff to work breaches the Coronavirus Job Retention Scheme and can be a fundamental breach of contract.
- Sending work to an employee on sick leave for work-related stress can destroy trust and confidence.
- Failing to respond to an Employment Tribunal claim can result in a default judgment with no opportunity to defend.
- Constructive dismissal claims can succeed when an employer's cumulative conduct makes continued employment untenable.
A 25-year career undone by a series of breaches
This case shows how a combination of seemingly separate issues — a role change, furlough irregularities, and pressure during sick leave — can together amount to a fundamental breach of trust and confidence. The claimant had worked as an administrator for 25 years when, in March 2021, she was told her duties would be given to others and she would be moved to a different role. At the same time, she was on furlough but was required to work, contrary to the government's Job Retention Scheme.
What the employer could have done differently
The employer, The Weston Turville Golf Club Ltd, did not respond to the claim or attend the hearing. The tribunal noted that the employer's own email acknowledged they had not filed a response in time. Had they participated, they could have explained the business reasons for the role change and challenged the claimant's account. Instead, the tribunal accepted the claimant's clear and credible evidence. The employer could have avoided the claim entirely by consulting properly, respecting furlough rules, and not contacting the claimant during sick leave.
Why this matters for similar claims
This case is a reminder that constructive dismissal can arise from a pattern of behaviour rather than a single dramatic event. Employees with long service are particularly likely to succeed if their employer acts without regard for their wellbeing or legal obligations. The award of over £21,000 reflects the basic award for 25 years' service plus compensation for financial losses, unpaid wages, holiday pay, and notice pay. Employers who ignore tribunal proceedings risk a default judgment and a potentially higher award.
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