Sales advisor who sold auction sofa on Facebook loses constructive dismissal claim
A sales advisor who resigned after receiving a final written warning for selling a show-home sofa on Facebook Marketplace has lost her claim for constructive unfair dismissal against Bellway Homes Limited. The tribunal found the employer's disciplinary process was reasonable and no fundamental breach of contract occurred.
2 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #part-time-worker
- #disciplinary-process
- #staff-auction
- #final-written-warning
- #comparator-issue
Key facts
- The claimant worked as a sales advisor from 1 March 2019 until her resignation on 1 October 2021.
- She worked 21 hours per week over three days.
- She was subject to a disciplinary process after a customer complained about a private sale of a sofa on company property.
- The respondent imposed a final written warning, later reduced to 12 months on appeal.
- The claimant resigned citing that her position had become untenable.
- The tribunal found no fundamental breach of contract and no less favourable treatment as a part-time worker.
Timeline
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Employment started
Claimant began work as a sales advisor for Bellway Homes Limited.
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Meeting about floating
Meeting held where staff were informed that due to site closure, they may need to float. Both part-time and full-time staff attended.
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Claimant bid in staff auction
Claimant bid for items in a staff auction for show home furnishings.
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Claimant won auction lots
Claimant was informed she had won 12 lots and later bid for a sofa.
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Sofa advertised on Facebook
Claimant advertised the sofa for sale on Facebook Marketplace.
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Potential buyer visited site
Mrs Clark visited the closed Bellway site to view the sofa; no sale occurred.
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Complaint received
Mrs Clark emailed Bellway complaining about the claimant's conduct.
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Investigation and disciplinary hearing
Tim Lund investigated; Iwan Roberts held disciplinary hearing and imposed final written warning for 18 months.
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Appeal hearing
Dan Holland heard appeal; upheld warning but reduced duration to 12 months.
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Fit note submitted
Claimant submitted a fit note for anxiety and stress.
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Resignation
Claimant resigned with immediate effect, stating her position had become untenable.
The legal issue
The tribunal had to decide whether the employer's conduct in disciplining the sales advisor for selling a sofa bought at a staff auction amounted to a fundamental breach of contract, and whether she was treated less favourably as a part-time worker compared to full-time staff.
The outcome
The tribunal dismissed all claims, including constructive unfair dismissal, less favourable treatment as a part-time worker, and wrongful dismissal.
The key reasons were:
- The employer's investigation and disciplinary process were fair and reasonable.
- The final written warning (reduced to 12 months on appeal) was a proportionate sanction for misconduct involving a private sale on company property.
- The sales advisor's resignation was not in response to a fundamental breach of contract; she resigned because she felt the situation was untenable, but the employer had not acted in a way that destroyed trust and confidence.
- The part-time worker claim failed because the requirement to 'float' between sites applied to both part-time and full-time staff, and there was no evidence of less favourable treatment.
Lessons & takeaways
- Constructive dismissal claims require a fundamental breach of contract by the employer; feeling unhappy or that your position is untenable is not enough.
- Employers can impose disciplinary sanctions for private sales on company property if they have a reasonable belief that misconduct occurred, even if no actual loss resulted.
- Part-time workers must show they were treated less favourably than a comparable full-time worker; if the same policy applies to all, the claim will fail.
- Resigning too quickly after a disciplinary sanction may undermine a constructive dismissal claim, as the employee may be seen as affirming the contract.
When a staff auction leads to dismissal
A sales advisor with two years and seven months' service at Bellway Homes Limited resigned after being given a final written warning for selling a show-home sofa on Facebook Marketplace. The sofa had been bought at a staff auction for show-home furnishings, but the advisor advertised it for sale and arranged for a potential buyer to visit the closed site. The buyer later complained to the company, leading to a disciplinary process.
The tribunal heard that the advisor believed she had done nothing wrong, as the auction items were her property. However, Bellway considered that selling goods on company property and using the site for private dealings amounted to misconduct. The employer investigated, held a disciplinary hearing, and imposed a final written warning, later reduced to 12 months on appeal. The advisor resigned shortly after, claiming her position had become untenable.
What the tribunal decided
The tribunal rejected the claim of constructive unfair dismissal. It found that Bellway's disciplinary process was fair and within the range of reasonable responses. The employer had a genuine belief in the misconduct based on a reasonable investigation, and the sanction was proportionate. Although the advisor felt the warning was unfair, the tribunal concluded that no fundamental breach of contract had occurred. The employer had not acted in a way that destroyed trust and confidence.
The part-time worker claim also failed. The advisor argued that she was treated less favourably because she was told she might need to 'float' between sites, while full-time staff were not. However, the evidence showed that both part-time and full-time staff were informed of the floating requirement. No comparator was identified who was treated differently.
What this means for similar cases
This case highlights the high bar for constructive dismissal. Even if an employee feels a disciplinary sanction is harsh, they must show that the employer's conduct was a fundamental breach of contract – not just that they disagreed with the outcome. For part-time workers, the key is to identify a full-time comparator who was treated more favourably in the same circumstances. Without that, a claim under the Part-Time Workers Regulations is unlikely to succeed.
Bellway's approach – conducting a proper investigation, offering an appeal, and reducing the warning on appeal – was key to its success. Employers who follow a fair process and act proportionately are likely to defend such claims effectively.
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