Registered manager wins constructive dismissal after promised new role never materialised
A registered manager with seven years' service was constructively dismissed after her employer failed to implement a promised Yorkshire Manager role, instead creating a new role that effectively demoted her. The tribunal awarded £14,594.38.
2 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #breach-of-trust-and-confidence
- #promise-of-new-role
- #failure-to-implement
- #demotion
- #mitigation-of-loss
Key facts
- The claimant resigned in October 2021 but was persuaded to stay by the promise of a new Yorkshire Manager role.
- The Yorkshire Manager role was never effectively implemented; the claimant continued as registered manager at Scarborough.
- In May 2022, a new operations manager role was created, effectively demoting the claimant.
- On 30 May 2022, the claimant was told the Yorkshire Manager role would not continue and she might be considered for a training role in September.
- The claimant resigned on 11 June 2022, citing the failure to honour the promise of the new role.
- The tribunal found the respondent's conduct destroyed trust and confidence, amounting to constructive dismissal.
Timeline
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Employment started
Claimant began continuous employment with the respondent as registered manager at Scarborough branch.
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Appraisal raised concerns
Claimant expressed feeling under significant pressure due to care package demands and staff shortages.
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First resignation
Claimant emailed resignation, citing unachievable targets and constant pressure.
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Transition plan proposed
Respondent proposed a new Yorkshire Manager role with a transition plan, including working from home by March 2022.
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Yorkshire Manager contract start
Claimant's new contract as Yorkshire Manager commenced, with salary increase to £38,000.
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New registered manager dismissed
Stephanie Walker, appointed to replace claimant as registered manager, was dismissed for gross misconduct.
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Operations manager role announced
Respondent announced a new operations manager role, which claimant saw as a demotion.
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Meeting with Mrs Webber
Claimant was told the Yorkshire Manager role would not continue and she might be considered for a training role in September.
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Second resignation
Claimant resigned with notice, citing failure to implement the Yorkshire Manager role.
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Employment ended
Claimant's employment ended after working out notice.
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New employment started
Claimant commenced alternative employment as a tutor/assessor in health and social care.
The legal issue
The tribunal had to decide whether the employer's conduct—specifically failing to honour a promise of a new role and effectively demoting the employee—amounted to a breach of the implied term of trust and confidence, giving rise to a constructive dismissal.
The outcome
The tribunal upheld the claim of constructive unfair dismissal.
- The respondent promised the claimant a Yorkshire Manager role to persuade her not to resign in October 2021, but the role was never properly implemented.
- In May 2022, a new operations manager role was created, which the claimant saw as a demotion, and she was later told the Yorkshire Manager role would not continue.
- The claimant resigned in June 2022, citing the failure to honour the promise.
Compensation:
- Basic award: £3,977.00
- Compensatory award: £10,597.38
- Total: £14,594.38
- No Polkey or contributory fault reductions applied.
Lessons & takeaways
- If an employer promises a new role to retain an employee, they must implement it properly and in good faith, or risk a constructive dismissal claim.
- Creating a new role that effectively demotes an employee without consultation can be a fundamental breach of the employment contract.
- Employees who resign in response to a serious breach of trust and confidence should ensure they do not delay, as continuing to work may be seen as acceptance of the breach.
- Constructive dismissal claims require the employee to resign in response to the breach, not for other reasons—keep a clear record of the trigger event.
A promise that turned sour
This case shows the risks employers run when they use a promise of a new role to persuade a valued employee to stay, only to fail to deliver. The claimant, a registered manager with seven years' service, had resigned in October 2021 due to overwhelming pressure. Her employer, J & Y Webber Services Limited, persuaded her to withdraw that resignation by offering her a new Yorkshire Manager role with a transition plan that included working from home.
The tribunal found that the role was never effectively implemented. The claimant continued working as the registered manager at Scarborough, and in May 2022 the company announced a new operations manager role that she saw as a demotion. When she was told on 30 May 2022 that the Yorkshire Manager role would not continue, and that she might be considered for a training role in September, she resigned.
What the employer did wrong
The tribunal concluded that the respondent's conduct amounted to a breach of the implied term of trust and confidence. The promise of the Yorkshire Manager role had been used to prevent the claimant's initial resignation, but the company never intended to follow through. The creation of the operations manager role without consulting the claimant, and the vague offer of a future training role, compounded the breach.
The employer could have avoided this outcome by either honouring the promise of the Yorkshire Manager role or, if circumstances changed, engaging openly with the claimant about alternatives. Instead, the lack of communication and the effective demotion left the claimant with no choice but to resign.
Why this matters
For employees, this case reinforces that a constructive dismissal claim can succeed when an employer's conduct fundamentally undermines the employment relationship. The key is to show that the employer's actions—not just words—amounted to a serious breach. For employers, it is a reminder that promises made to retain staff must be kept, or at least handled with transparency and fairness. The total award of £14,594.38 reflects the claimant's length of service and the financial impact of the dismissal, with no reduction for contributory fault or Polkey factors.
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