Care worker's constructive dismissal claim fails over PPE and temperature check dispute
A project worker who resigned during a disciplinary investigation into her failure to follow PPE and temperature check instructions has lost her constructive unfair dismissal claim. The tribunal found no breach of mutual trust and confidence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a project worker from June 2018 until her resignation on 6 November 2020.
- The claimant alleged five breaches of the implied term of mutual trust and confidence, including failure to provide equipment to work from home, failure to provide PPE, lack of support, change of rota, and viewing of CCTV footage.
- The tribunal found that the respondent had not breached the implied term of mutual trust and confidence.
- The claimant resigned during a disciplinary investigation into her failure to follow instructions regarding temperature checks and PPE.
- The tribunal concluded that the claimant's allegations were not made out and the claim of constructive unfair dismissal failed.
Timeline
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Claimant requests to work from home
The claimant, who is asthmatic, requested to work from home and asked for a laptop. This was agreed by her line manager, Ms Robson.
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Claimant begins working from home
The claimant started working from home after the respondent issued instructions on handling Covid-19 and PPE.
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Claimant returns to workplace
The claimant told Ms Robson she wished to return to the workplace and was permitted to do so.
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Resident dies
A resident died in his room; death was not Covid-related, but prompted a check on temperature logs.
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Reminder about temperature checks
Ms Robson wrote to all staff reminding them of the requirement to record twice daily temperature checks for each client.
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Fact-finding meeting with claimant
Ms Robson held a fact-finding meeting with the claimant regarding failure to record client temperatures. The claimant admitted she had not done so since 25 August.
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Disciplinary investigation initiated
Ms Robson decided to instigate a disciplinary investigation against the claimant and others for potential gross misconduct due to failure to follow instructions on temperature checks and PPE.
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Joint grievance submitted
The claimant and three other employees submitted a joint grievance alleging failure of duty of care by the respondent.
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Additional charge added
An additional charge of leaving a shift without authorisation was added to the disciplinary process against the claimant.
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Claimant resigns
After a telephone conversation with Ms Robson, the claimant emailed a letter of resignation, citing breach of trust and confidence, bullying, and unfair treatment.
The legal issue
The tribunal had to decide whether the employer's actions amounted to a fundamental breach of the implied term of mutual trust and confidence, entitling the employee to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal. It found that the employer had reasonable and proper cause for its actions, including initiating a disciplinary investigation after the claimant admitted failing to record client temperatures since August 2020. The claimant's allegations of failure to provide equipment, PPE, support, rota changes, and CCTV viewing were not substantiated. No compensation was awarded.
Lessons & takeaways
- Constructive dismissal claims require a fundamental breach of contract by the employer; minor disagreements or disciplinary investigations do not suffice.
- Resigning during a disciplinary process can weaken a constructive dismissal claim, as the employer's actions may be seen as reasonable and proper cause.
- Employees should raise grievances through proper channels before resigning, as a failure to do so may undermine claims of breach of trust.
- Employers can defend constructive dismissal claims by showing they acted reasonably in enforcing workplace policies, especially during a pandemic.
When disciplinary action meets resignation
A project worker who resigned during a disciplinary investigation into her failure to follow PPE and temperature check instructions has lost her constructive unfair dismissal claim against Pobl Group Limited. The case highlights the high bar for proving that an employer's conduct has destroyed the trust and confidence necessary for the employment relationship.
The claimant, who worked in a care setting during the COVID-19 pandemic, alleged five breaches of the implied term of mutual trust and confidence, including failure to provide equipment to work from home, lack of PPE, inadequate support, a change to her rota, and the viewing of CCTV footage of her by colleagues and a tradesperson. However, the tribunal found that none of these allegations were made out.
What the employer did right
Pobl Group Limited was able to show that it had reasonable and proper cause for its actions. The claimant had admitted to not recording client temperatures since August 2020, despite reminders. The disciplinary investigation was a proportionate response to a potential gross misconduct issue. The tribunal also noted that the claimant's request to work from home had been agreed, and she had voluntarily returned to the workplace. The CCTV footage allegation was not supported by evidence.
Why this matters
This case serves as a reminder that constructive dismissal claims are not easily won. Employees who resign during a disciplinary process face an uphill battle in proving that the employer's conduct was so serious that it fundamentally broke the contract. For employers, the case demonstrates the importance of documenting reasonable management actions and maintaining clear communication with staff, particularly during challenging periods such as the pandemic.
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