Support Manager's constructive dismissal claim over role change fails
A Support Manager who resigned after her role was changed and workload reduced lost her constructive unfair dismissal claim. The tribunal found no breach of trust and confidence.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant started work on 18 January 2021 and was appointed Support Manager in June 2022.
- In February 2023, the respondent restructured the support team, reducing the claimant's direct reports from 12 to 8, with Mr Corbisiero managing Level 1 staff.
- The claimant was interested in a potential move to a Technical Lead role, but no formal decision had been made.
- On 14 March 2023, the claimant asked Mr Musgrave to clarify her role; he responded that her role would be Tech Lead in the future.
- On 15 March 2023, the claimant met with Ms Evans, then resigned shortly after by email.
- The tribunal found no breach of the implied term of trust and confidence and dismissed the claim.
Timeline
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Start of employment
Claimant started work with Atamis Ltd as a Health Family Account Manager / Client Support Consultant.
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Appointed Support Manager
Claimant was appointed to the role of Support Manager, managing a growing team.
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Return from annual leave
Claimant returned from annual leave and found Mr Corbisiero had been helping in the support team.
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Meeting about Level 1 role
Claimant, Mr Musgrave, and Mr Corbisiero met; claimant approved the Level 1 support role description.
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Level 1 changes announced
Mr Corbisiero announced changes to the Level 1 team; claimant raised concerns.
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Shouting incident
Ms Evans reported that claimant was shouting at Mr Corbisiero; claimant denied shouting.
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Missed 1:1 meeting
Claimant messaged Mr Musgrave asking if their 1:1 was going ahead; it did not.
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Role clarification request
Claimant asked Mr Musgrave to clarify her role; he said she would be Tech Lead in the future.
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Meeting with HR and resignation
Claimant met with Ms Evans; shortly after, she resigned by email.
The legal issue
The tribunal had to decide whether the employer's actions—including restructuring the team, changing the claimant's role, and a shouting incident—amounted to a breach of the implied term of trust and confidence, entitling the claimant to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
The key reason was that the respondent's conduct did not breach the implied term of trust and confidence. The tribunal found that the changes to the claimant's role were part of a legitimate restructuring, and the shouting incident was not sufficiently serious to justify resignation.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Constructive dismissal claims require a fundamental breach of contract by the employer; minor disagreements or role changes are unlikely to suffice.
- Resigning in the heat of the moment without first raising a formal grievance can weaken a constructive dismissal claim.
- Employers can restructure roles and reduce responsibilities if done in good faith and communicated clearly.
- A single incident of conflict, unless very serious, is rarely enough to break trust and confidence.
When a role change isn't a breach of trust
This case shows that not every change to an employee's role or responsibilities will amount to a constructive dismissal. The Support Manager had been with Atamis Ltd for just over two years when the company restructured the support team. Her direct reports were reduced from 12 to 8, and there was talk of her moving to a Technical Lead role. She felt sidelined and unhappy with the changes, and after a meeting with HR she resigned.
What could have been done differently?
The claimant did not raise a formal grievance before resigning. The tribunal noted that she had not given the employer a chance to address her concerns. If she had raised a grievance, the employer might have been able to clarify her role and resolve the issues. Instead, she resigned by email shortly after a meeting, which the tribunal saw as a reaction to a situation that was not fundamentally broken.
Why this result matters
For employees considering a constructive dismissal claim, this case is a reminder that the bar is high. The employer's conduct must be so serious that it goes to the root of the employment relationship. A restructuring that reduces responsibilities or changes a role, without more, is unlikely to be enough. The tribunal found that Atamis Ltd had acted reasonably in communicating the changes and had not intended to force the claimant out. The claim was dismissed, and no compensation was awarded.
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