Security guard wins constructive dismissal after 10 weeks' service
A security guard who resigned after just 10 weeks has been awarded £5,892 by an employment tribunal for constructive unfair dismissal, including notice pay and pension loss.
1 min read · Last updated 18 May 2026
Key facts
- The claimant resigned and claimed constructive dismissal.
- The tribunal found the claimant was constructively dismissed.
- The claimant was awarded a basic award of £4,560.00.
- The claimant was awarded notice pay of £1,197.28 net for 10 weeks.
- The claimant was awarded £68.40 for loss of pension contributions.
- The claimant's unlawful deduction claim succeeded for £66.50 gross.
Timeline
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Claimant resigned
The claimant resigned from employment with ESG Security Limited, claiming constructive dismissal.
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End of notice period
The notice period of 10 weeks ended.
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Hearing day 1
Employment Tribunal hearing commenced in Birmingham via Cloud Video Platform.
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Hearing day 2 and judgment
Tribunal gave judgment upholding constructive unfair dismissal and wrongful dismissal claims, and assessed remedy.
The legal issue
The tribunal had to decide whether the security guard's resignation amounted to a constructive dismissal, meaning the employer's conduct was so serious that it entitled him to resign and claim unfair dismissal and wrongful dismissal.
The outcome
The tribunal upheld the security guard's claim of constructive unfair dismissal, finding that his resignation was a direct result of the employer's conduct.
The compensation awarded was:
- Basic award: £4,560.00
- Notice pay (net): £1,197.28
- Loss of pension contributions: £68.40
- Unlawful deduction of wages: £66.50
- Total: £5,892.18
Lessons & takeaways
- Even short-serving employees can bring constructive dismissal claims if the employer's conduct is serious enough.
- Constructive dismissal requires a fundamental breach of contract by the employer, such as a failure to pay wages or a serious breach of trust.
- Claimants should keep records of any incidents that led to their resignation, as evidence is crucial.
- Employers should ensure they follow proper procedures and respond to grievances to avoid constructive dismissal claims.
A short service, a big win
This case shows that even employees with very short service — just 10 weeks — can succeed in constructive dismissal claims if the employer's conduct is sufficiently serious. The security guard resigned, claiming that ESG Security Limited's behaviour left him with no choice but to leave. The tribunal agreed, awarding him over £5,800 in compensation.
What the employer could have done differently
ESG Security Limited could have avoided this claim by addressing the guard's concerns promptly and fairly. A failure to pay wages properly and a breakdown in trust were key factors. If the employer had responded to grievances and maintained proper communication, the resignation — and the tribunal claim — might never have happened.
Why this matters
This case is a reminder that constructive dismissal claims are not just for long-serving employees. The key is whether the employer's conduct amounts to a fundamental breach of contract. For employees, it shows the importance of documenting incidents and seeking legal advice early. For employers, it underscores the need to treat all staff fairly, regardless of length of service.
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