Trainee site manager loses constructive dismissal claim over sick pay row
A trainee site manager with five years' service resigned after a dispute over sick pay and earlier workplace incidents, but the tribunal found no fundamental breach of trust and confidence.
2 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #trust-and-confidence
- #last-straw
- #sick-pay-dispute
- #heated-exchange
- #whistleblowing-concerns
Key facts
- The claimant was employed as a Trainee Site Manager from 1 May 2016 until he resigned on 31 October 2021.
- In April 2020, the claimant raised COVID-19 concerns via WhatsApp and received a letter from the respondent.
- On 2 July 2020, a heated exchange occurred over a sign installation; the claimant left work but returned after an apology.
- On 6 September 2021, the claimant injured his hand at work and returned to light duties.
- The claimant alleged an agreement for 2 weeks' contractual sick pay, but the tribunal found no such agreement.
- The claimant resigned by email stating he no longer felt happy working there.
Timeline
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Employment commenced
Claimant started work as a bench joiner, later promoted to Trainee Site Manager.
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Letter about WhatsApp concerns
Respondent sent a letter to claimant regarding use of WhatsApp to voice negative comments.
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Heated exchange over sign
Claimant and Mr Richardson argued about a sign installation; Mr Richardson swore at claimant.
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Accident at work
Claimant injured his hand, attended hospital, and returned to light duties.
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Operation and sick leave
Claimant had an operation and was off work; paid SSP instead of contractual pay.
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Resignation
Claimant resigned with immediate effect, citing unhappiness at work.
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ET1 claim form submitted
Claimant lodged claims for constructive unfair dismissal and unlawful deductions.
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Final hearing day 1
Tribunal heard evidence and submissions.
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Final hearing day 2
Tribunal concluded hearing and reserved judgment.
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Reserved judgment sent
Judgment dismissing claims was sent to parties.
The legal issue
The tribunal had to decide whether a series of incidents, including a heated exchange, a letter about WhatsApp messages, and a dispute over sick pay, cumulatively breached the implied duty of trust and confidence, entitling the claimant to resign and claim constructive unfair dismissal. It also considered whether there was an agreement for two weeks' contractual sick pay.
The outcome
The tribunal dismissed both the constructive unfair dismissal claim and the unlawful deductions claim.
- The tribunal found that the incidents relied upon by the claimant did not, individually or cumulatively, amount to a fundamental breach of the implied term of trust and confidence.
- The heated exchange in July 2020 was a one-off incident that was resolved, and the claimant continued working for over a year, which amounted to affirmation of the contract.
- The sick pay dispute was not a breach of contract because the tribunal found no evidence of an agreement for contractual sick pay; the claimant was paid statutory sick pay as per the company's usual practice.
- No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- If you intend to rely on a series of events as a 'last straw', ensure the final event is itself a breach of contract; otherwise, earlier breaches may be waived by continued employment.
- Disputes over sick pay are unlikely to amount to a fundamental breach unless there is a clear contractual entitlement that is deliberately withheld.
- Resigning via email with immediate effect without raising a formal grievance can weaken a constructive dismissal claim, as it may appear the employer was not given a chance to remedy the situation.
- Length of service alone does not guarantee success; the tribunal will assess whether the employer's conduct was objectively likely to destroy trust and confidence.
When a dispute over sick pay is not enough to resign
This case illustrates the high bar for constructive dismissal claims, particularly where the alleged breaches are historic or disputed. The claimant, a trainee site manager with five years' service, resigned after a disagreement about whether he was entitled to two weeks' contractual sick pay following a hand injury. He also pointed to earlier incidents: a letter about WhatsApp messages in 2020 and a heated exchange with a director over a sign installation.
What the tribunal looked at
The tribunal examined each incident carefully. The WhatsApp letter and the sign argument had happened over a year before the resignation. The claimant had continued working after both, which the tribunal treated as affirmation of the contract — meaning he had accepted the conduct and could not later rely on it. The sick pay issue was the final event, but the tribunal found no evidence of any agreement for full pay. The company's policy was to pay statutory sick pay, and the claimant had not raised the issue formally before resigning.
What the employer did right
Buildakit (UK) Ltd was able to show that it had reasonable cause for its actions. The letter about WhatsApp was a proportionate response to concerns about negative comments. The heated exchange was a one-off that the director apologised for. On sick pay, the company followed its usual practice. The tribunal also noted that the claimant's resignation email gave no opportunity for the employer to address any concerns.
Why this matters for similar claims
For employees considering a constructive dismissal claim, this case is a reminder that timing matters. Waiting too long after an incident can be seen as acceptance. And a dispute over a benefit like sick pay will rarely be enough on its own to justify resigning — especially if the contractual position is unclear. For employers, the case shows that maintaining consistent policies and addressing issues promptly can help defend against such claims.
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