Resigned from a GP surgery: constructive unfair dismissal claim succeeds
A former employee of The High Street Surgery won her constructive unfair dismissal claim after resigning due to her employer's conduct. The Watford tribunal awarded £5,687.21 but dismissed her disability discrimination claims.
1 min read · Last updated 18 May 2026
Key facts
- The claimant resigned from her employment at the High Street Surgery.
- The tribunal found that the claimant was constructively unfairly dismissed.
- The claimant's claims for disability discrimination were dismissed.
- The claimant was awarded £5,687.21 in compensation for unfair dismissal.
- The award includes a prescribed element of £1,978.65 for the period 25 November 2021 to 18 August 2023.
Timeline
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Start of prescribed period
The prescribed element of the award is attributable from this date.
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Hearing day 1
The tribunal hearing commenced at Watford Employment Tribunal.
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Hearing day 2
The tribunal continued hearing evidence.
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Hearing day 3
The tribunal heard further evidence and submissions.
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Deliberations and judgment
The tribunal deliberated and issued its judgment, finding constructive unfair dismissal but dismissing disability discrimination claims.
The legal issue
The tribunal had to decide whether the employee was constructively unfairly dismissed and whether she was discriminated against because of her disability.
The outcome
The tribunal found that the employee was constructively unfairly dismissed. She resigned because of her employer's conduct, which breached the implied term of trust and confidence. However, her claims for disability discrimination were dismissed as the tribunal found no less favourable treatment or failure to make reasonable adjustments.
Compensation:
- Total award: £5,687.21
- Prescribed element (benefit recoupment): £1,978.65 (for the period 25 November 2021 to 18 August 2023)
- Net payable to claimant: £3,708.56
Lessons & takeaways
- If you resign in response to a fundamental breach of contract by your employer, you may have a claim for constructive unfair dismissal.
- Keep a clear record of the conduct that led to your resignation; the tribunal will assess whether the employer's actions destroyed trust and confidence.
- Disability discrimination claims require evidence of less favourable treatment because of disability or a failure to make reasonable adjustments; not every disagreement will meet this threshold.
- Compensation for constructive unfair dismissal can be reduced by benefits received; the recoupment process means some of the award may be paid to the state.
What this case shows in practice
This case illustrates how a GP surgery's treatment of an employee led to a successful constructive unfair dismissal claim. The employee resigned after what she saw as a fundamental breach of the employment relationship. The tribunal agreed that the employer's conduct was serious enough to destroy trust and confidence, making the resignation a dismissal in law.
What the losing side could have done differently
The High Street Surgery could have avoided this outcome by addressing the employee's concerns before they escalated. A fair internal process, open communication, and a willingness to resolve grievances might have prevented the breakdown in trust. The tribunal's decision to dismiss the disability discrimination claims suggests that the employer's actions were not motivated by disability, but the failure to handle the situation properly still led to liability.
Why the result matters for similar claims
This case is a reminder that constructive dismissal claims can succeed even when discrimination claims fail. Employees who feel forced to resign because of their employer's conduct should consider whether the behaviour amounts to a fundamental breach. For employers, the case underscores the importance of maintaining trust and confidence, especially when dealing with long-standing employees. The compensation awarded reflects the financial impact of the dismissal, though the recoupment of benefits means the employee will not receive the full amount immediately.
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