Duty manager with 39 years' service wins constructive dismissal after split shifts imposed without consultation
A duty manager who resigned after her employer imposed split shifts and reduced hours without consultation, and then failed to address her grievance for over a month, has been awarded £10,683.75 for constructive unfair dismissal.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant worked for the respondent for 39 years, starting in 1983.
- In January 2023, the respondent introduced split shifts and reduced hours without consultation.
- The claimant raised a grievance on 8 January 2023, which was not properly addressed for over a month.
- The claimant resigned on 21 February 2023 due to the breaches.
- The tribunal found the respondent breached the implied term of trust and confidence by failing to deal with the grievance.
Timeline
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Claimant started work
Claimant began working at Harlech swimming pool as a receptionist.
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TUPE transfer
Claimant transferred to the respondent under TUPE regulations.
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New contract issued
Claimant signed a new contract as duty manager with 37 hours per week.
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Christmas leave started
Claimant began annual leave over the Christmas period.
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Message about reduced hours
Centre manager informed claimant of reduced hours for the following week.
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Café review document
Centre manager produced a café review document proposing new hours and split shifts.
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Meeting about changes
Claimant was given the review document and raised concerns about split shifts and reduced hours.
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Claimant emailed grievance
Claimant emailed centre manager expressing unhappiness and working under protest.
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Sickness absence started
Claimant commenced sick leave due to stress at work.
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Respondent replied to grievance
Centre manager replied, offering a meeting but indicating hours dependent on business needs.
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Claimant resigned
Claimant submitted resignation citing constructive dismissal.
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Hearing commenced
Employment tribunal hearing held over two days.
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Judgment given
Tribunal found claimant was constructively unfairly dismissed and awarded £10,683.75.
The legal issue
The tribunal had to decide whether the employer's actions—imposing split shifts and reduced hours without consultation, and failing to properly address the employee's grievance—amounted to a fundamental breach of contract, allowing the employee to resign and claim constructive unfair dismissal.
The outcome
The tribunal found that the duty manager was constructively unfairly dismissed. The employer breached the implied term of trust and confidence by imposing significant changes to working hours without consultation and by failing to deal with her grievance promptly or properly. The employee resigned in response to these breaches and did not affirm the contract.
Compensation:
- Basic award: £10,683.75
- No compensatory award was claimed as the employee had fully mitigated her losses by finding alternative employment quickly.
Lessons & takeaways
- Employers must consult with employees before making significant changes to working hours or shift patterns, especially for long-serving staff.
- Grievances should be dealt with promptly and thoroughly; a delay of over a month without a proper response can be a breach of trust and confidence.
- Employees who resign in response to a fundamental breach should do so without undue delay to avoid being found to have affirmed the contract.
- Long service (39 years in this case) strengthens the expectation that the employer will act fairly and in good faith.
When a long-serving employee is pushed too far
After 39 years of loyal service, a duty manager at a leisure centre in Harlech found herself facing a sudden and unwelcome change to her working pattern. Without any prior consultation, her employer introduced split shifts and reduced her hours. When she raised a grievance, it was not properly addressed for over a month. Feeling that the trust and confidence she had placed in her employer had been destroyed, she resigned and brought a claim for constructive unfair dismissal.
The tribunal found that the employer's actions amounted to a fundamental breach of contract. The implied duty of trust and confidence requires employers to treat employees fairly and not to act in a way that is likely to destroy the relationship. By imposing the changes without consultation and then failing to deal with the grievance in a timely manner, the employer fell short of that duty.
What the employer could have done differently
This case is a reminder that even well-intentioned operational changes must be handled with care. The employer could have avoided the claim by consulting with the employee before making changes, explaining the reasons, and considering alternatives. When the grievance was raised, a prompt and thorough response—perhaps with a meeting to discuss concerns—might have repaired the relationship. Instead, the delay and lack of proper engagement left the employee with no option but to resign.
Why this matters for similar claims
For employees, this case shows that constructive dismissal claims can succeed when an employer's conduct is sufficiently serious. Key factors include the length of service (39 years here), the lack of consultation, and the failure to deal with a grievance. For employers, it underscores the importance of following fair procedures, especially when making changes to terms and conditions. A failure to do so can result in a finding of unfair dismissal and a significant award, even if the employee quickly finds another job.
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