Constructive dismissal claim fails: role overlap did not breach trust and confidence
A Frames Department Manager who resigned after a new Product Manager role was created lost her constructive unfair dismissal claim. The tribunal found the employer's actions were not a fundamental breach of contract.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from 14 March 2016 to 16 September 2021 as Frames Department Manager.
- A new Product Manager role was created in July 2021, which the claimant felt overlapped with her duties.
- The claimant raised concerns about the new role and her mental health in August and September 2021.
- The claimant resigned on 16 September 2021 after a probation review meeting and subsequent delays.
- The tribunal found the claimant was disabled due to anxiety at the relevant time.
Timeline
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Employment started
Claimant began working for the respondent as an administration assistant.
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Anxiety diagnosed
Claimant was diagnosed with anxiety and prescribed sertraline.
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Started Frames Department Manager role
Claimant was promoted to Frames Department Manager.
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Product Manager role created
H Wesson started as Product Manager, a new role the claimant felt overlapped with hers.
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Claimant wrote letter of concerns
Claimant wrote a letter about her concerns regarding the new role and her mental health, but did not send it.
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Meeting with MK
Claimant met with MK to discuss her unhappiness about the new role and the handling of a colleague issue.
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Probation review meeting
A difficult probation review meeting took place where the claimant became upset.
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Claimant raised mental health concerns
Claimant emailed MK stating the delay in the review meeting would affect her mental health severely.
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Met with GD
Claimant met with GD to discuss stepping down or transferring, but no changes were possible.
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Resignation
Claimant handed in her resignation letter with immediate effect.
The legal issue
The tribunal had to decide whether the employer's conduct in creating a new role that overlapped with the claimant's duties, and its response to her concerns, was so serious that it destroyed the mutual trust and confidence between employer and employee, entitling her to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
- The tribunal found that the claimant resigned because she felt unsupported and that the new Product Manager role undermined her position. However, the employer had legitimate business reasons for the restructuring and had engaged with her concerns.
- The tribunal concluded that the employer's actions did not amount to a fundamental breach of contract. The claimant's resignation was therefore not a response to a breach, and the claim failed.
- No compensation was awarded as the claim was unsuccessful.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer — simply feeling unsupported or unhappy with a role change is not enough.
- Employers can restructure roles for business reasons, even if it causes overlap, provided they communicate and consult with employees.
- If you are considering resigning and claiming constructive dismissal, you must resign promptly in response to the breach, not after a delay or for other reasons.
- Keep a clear record of any complaints and the employer's responses to show whether trust and confidence has been broken.
When a role change leads to resignation
This case shows how difficult it can be to win a constructive dismissal claim when an employer makes a legitimate business decision to restructure roles. The claimant, a Frames Department Manager with five years' service, felt that the creation of a new Product Manager role undermined her position and left her unsupported. She raised her concerns with management and her mental health deteriorated, but the tribunal found that the employer's actions did not cross the line into a fundamental breach of contract.
What the employer did right
The employer had a genuine business reason for the new role and had discussed it with the claimant. Although the claimant was unhappy, the employer offered meetings and tried to address her concerns. The tribunal noted that the employer did not act in a way that was designed to destroy trust and confidence. The key lesson for employers is that clear communication and a willingness to listen can help defend against constructive dismissal claims, even when employees are upset.
Why the claim failed
The tribunal applied the legal test for constructive dismissal: did the employer's conduct amount to a fundamental breach of the implied term of trust and confidence? The claimant felt that the new role overlapped with hers and that her concerns were not taken seriously. However, the tribunal found that the employer's actions were reasonable in the circumstances. The claimant resigned before giving the employer a full chance to resolve the issues, which also weakened her case.
What this means for employees
If you are considering a constructive dismissal claim, you need to show that your employer has broken a fundamental term of your contract — not just that you feel unhappy or unsupported. A single disagreement or a role change that you dislike may not be enough. It is important to raise your concerns formally and give your employer a reasonable opportunity to address them before resigning. Otherwise, you risk losing your claim and any entitlement to compensation.
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