Warehouse manager's constructive dismissal claim over promotion and verbal abuse fails
An 18-year Asda manager resigned after being passed over for promotion and alleging verbal abuse, but the tribunal found he had affirmed the contract and the employer's conduct was not a repudiatory breach.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by Asda from 23 June 2003 until his resignation on 8 November 2021.
- The claimant applied for the Night Shift Manager role but his application was not supported by his line manager, Mr Ibrahim.
- The claimant alleged that Mr Preston, a senior manager, had shouted and sworn at him on two occasions in 2019 and 2020.
- The claimant resigned on 8 November 2021, the same day he raised a grievance about the promotion process and Mr Preston's conduct.
- The tribunal found that the claimant had affirmed the contract by continuing to work and seek promotion after the alleged incidents.
- The tribunal concluded that the failure to progress the promotion application did not amount to a repudiatory breach of contract.
Timeline
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Employment started
The claimant began working for Asda Stores Limited at the Brackmills Distribution Centre.
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First incident with Mr Preston
Mr Preston shouted and swore at the claimant and Mr Patel in a meeting. The claimant did not raise a formal grievance at the time.
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Second incident with Mr Preston
Mr Preston swore at the claimant, telling him to do his 'fucking job'. Mr Preston apologised but the claimant did not accept the apology.
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Applied for Stock and Systems Shift Manager
The claimant applied for the Stock and Systems Shift Manager role, supported by his manager Mr Ibrahim. He was interviewed but unsuccessful.
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Applied for Night Shift Manager
The claimant applied for the Night Shift Manager role. His manager Mr Ibrahim did not support the application, and it was not progressed to interview.
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Resignation and grievance
The claimant submitted his resignation and a grievance letter, citing unfair treatment in the promotion process and Mr Preston's conduct.
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Employment ended
The claimant's employment terminated after serving his notice period. He moved to another employer.
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Grievance outcome
Mr Baxter, the General Manager, did not uphold the claimant's grievance. The claimant appealed.
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Appeal outcome
Ms Pownall upheld part of the appeal, agreeing that the claimant's request for a different grievance manager was reasonable, but dismissed other grounds.
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Tribunal hearing
The substantive hearing took place via video. The tribunal heard evidence from the claimant and witnesses.
The legal issue
The tribunal had to decide whether Asda's failure to progress a promotion application and a manager's verbal abuse amounted to a repudiatory breach of the implied term of trust and confidence, and whether the employee resigned in response to that breach without first affirming the contract.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
The key reasons were:
- The claimant had affirmed the contract by continuing to work and seek promotion after the alleged verbal abuse incidents in 2019 and 2020.
- The failure to progress the promotion application did not amount to a repudiatory breach; the line manager's decision not to support the application was within the range of reasonable responses.
- The verbal abuse incidents, while regrettable, were isolated and had been addressed at the time; the claimant did not resign in response to them.
No compensation was awarded as the claim failed.
Lessons & takeaways
- If you experience serious misconduct like verbal abuse, raise a formal grievance promptly rather than continuing to work, or you may be seen as accepting the behaviour.
- A single failure to progress a promotion application is unlikely to amount to a constructive dismissal unless it forms part of a pattern of unreasonable treatment.
- Continuing to work and seek promotion after a breach can affirm the contract and prevent a later claim of constructive dismissal.
- Long service does not automatically make a promotion decision unfair; the employer still has discretion over who to support for internal roles.
A promotion disappointment that led to resignation
The claimant, a Warehouse Department Manager with 18 years' service at Asda's Brackmills depot, resigned after his application for a Night Shift Manager role was not supported by his line manager. He also alleged that a senior manager had shouted and sworn at him on two occasions in 2019 and 2020. He raised a grievance on the same day he resigned, claiming that the promotion process was unfair and that the verbal abuse had destroyed trust and confidence.
Why the tribunal rejected the claim
The tribunal found that the claimant had affirmed the contract by continuing to work and even applying for another promotion after the verbal abuse incidents. The law requires an employee to resign promptly in response to a repudiatory breach; if they carry on working, they may be treated as having accepted the breach and waived their right to claim constructive dismissal. The tribunal also noted that the failure to progress the promotion application was not a breach of contract — the line manager's decision not to support the application was a legitimate management decision, not an act calculated to destroy trust and confidence.
What this means for similar cases
This case is a reminder that constructive dismissal claims are difficult to win. The employee must show that the employer committed a serious breach going to the heart of the contract, and that they resigned in response to that breach without delay. Continuing to work, especially while pursuing other opportunities, can undermine a claim. While the verbal abuse was acknowledged as unacceptable, it was not recent enough to justify a resignation more than a year later. For employees considering a constructive dismissal claim, the key is to act promptly and not to affirm the contract by staying on.
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