Pay rise delay and extra duties: why constructive dismissal claim failed
A membership secretary who resigned over pay and extra duties lost her constructive unfair dismissal claim after the tribunal found she had agreed to the changes and affirmed the contract.
1 min read · Last updated 18 May 2026
Case details
- #additional-duties
- #pay-rise-delay
- #grievance-procedure
- #implied-term-trust-and-confidence
- #affirmation
Key facts
- The claimant agreed to take on additional duties after Rob Smee's dismissal in February 2020.
- The claimant's salary was increased from £27,500 to £30,000 in November 2019, then to £32,500 in March 2021, and finally to £34,000 backdated to June 2020 after a grievance.
- The claimant resigned on 12 April 2021, citing insufficient pay and lack of a job description.
- The tribunal found no repudiatory breach of contract because the claimant agreed to the additional duties and had no contractual entitlement to a specific pay rise.
- The claimant's complaints about health and safety training and overnight stays were not raised at the time and did not contribute to her resignation.
Timeline
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Employment started
Claimant began employment as Anniversary Administrator.
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Became permanent employee
Claimant became permanent Membership Secretary & Media Consultant with salary £27,500.
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Salary increased to £30,000
Salary increased to reflect additional duties assisting Rob Smee.
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Rob Smee dismissed
Mr Tunnicliffe dismissed Rob Smee and asked claimant to take on his duties; claimant agreed.
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Appraisal and pay discussion
Claimant raised pay issue with Ms Brown; no immediate increase.
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Pay rise to £32,500
Ms Brown confirmed salary increase to £32,500 from 1 March 2021.
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Grievance raised
Claimant raised formal grievance about pay and additional duties.
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Grievance outcome
Ms Brown offered £34,000 from 1 March 2021, but raised performance issues.
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Appeal outcome
Mr Kneller confirmed salary £34,000 backdated to 1 June 2020.
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Resignation
Claimant gave 12 weeks' notice, citing insufficient pay and lack of job description.
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Employment ended
Claimant's employment terminated after garden leave.
The legal issue
The tribunal had to decide whether the employer's conduct—imposing extra duties, delaying pay rises, and failing to provide a job description—amounted to a repudiatory breach of the implied term of trust and confidence, entitling the employee to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
The key reason was that the claimant had agreed to take on the additional duties after a colleague was dismissed, and she had no contractual entitlement to a specific pay rise. The pay rises she received were considered reasonable in the circumstances. The tribunal also found that she affirmed the contract by continuing to work after the alleged breaches, including after her grievance was partially resolved.
No compensation was awarded as the claim failed.
Lessons & takeaways
- If you agree to take on extra duties without a clear pay agreement, a tribunal may find you have accepted the change, making a constructive dismissal claim harder to win.
- Continuing to work for a significant period after the alleged breach can be seen as affirming the contract, which defeats a constructive dismissal claim.
- A pay rise that is delayed but eventually backdated may not be a repudiatory breach if there was no contractual entitlement to a specific amount or timing.
- Raising grievances about pay and duties can strengthen your case, but if the employer responds reasonably, it may not amount to a breach of trust and confidence.
When extra duties don't amount to constructive dismissal
This case shows the limits of constructive unfair dismissal claims where an employee voluntarily takes on additional responsibilities. The claimant, who worked as Membership Secretary and later Marketing & Membership Manager for The Vintage Sports-Car Club Limited, agreed to cover the duties of a dismissed colleague. She later resigned, arguing that the extra work without a commensurate pay rise amounted to a fundamental breach of contract.
The tribunal rejected this argument. The claimant had agreed to the additional duties, and her salary had been increased on several occasions—from £27,500 to £30,000, then to £32,500, and finally to £34,000 backdated to June 2020. While the process was slow and caused frustration, the tribunal found no contractual entitlement to a specific pay rise at a particular time. The employer's conduct did not destroy the relationship of trust and confidence.
The importance of timing and affirmation
A critical factor was that the claimant continued to work for several months after the alleged breaches, including after her grievance was partially upheld. By doing so, she affirmed the contract, which is fatal to a constructive dismissal claim. The tribunal also noted that some of her complaints—such as health and safety training and overnight stays—were not raised at the time and did not contribute to her resignation.
What this means for similar claims
Employees considering a constructive dismissal claim should act promptly and not continue working indefinitely after the alleged breach. They should also ensure that any additional duties are not agreed to without clear terms about pay. Employers, meanwhile, should handle pay reviews and grievance procedures in a timely manner to avoid claims, but this case demonstrates that a reasonable, if imperfect, process can defeat a constructive dismissal claim.
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