Site manager constructively dismissed after two-year suspension and no support
A site manager who was suspended for nearly two years after a brief reinstatement, then given 12 weeks to find a new role or face discipline, has won a constructive unfair dismissal claim against Bury Council. The tribunal awarded £1,913.47.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #summary-dismissal
- #suspension
- #failure-to-support
- #redeployment-failure
- #acas-code-uplift
Key facts
- The claimant was summarily dismissed on 18 November 2019 without any disciplinary procedure.
- He was reinstated two days later but suspended on full pay pending an investigation that took nearly two years.
- The disciplinary hearing on 15 September 2021 found no case to answer, but the claimant was not allowed to return to his original post.
- On return from sickness absence in January 2022, the claimant was given 12 weeks to find alternative work within the council or face disciplinary action, but received no meaningful support.
- The claimant resigned on 5 June 2022 after finding alternative employment, citing the cumulative conduct of the respondent.
Timeline
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Employment started
Claimant commenced employment as a site manager at St Margaret's Primary school.
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Summary dismissal
Claimant was summarily dismissed by line manager Paul Morris without any disciplinary procedure.
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Reinstatement and suspension
Claimant was reinstated but immediately suspended on full pay pending investigation.
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Mental health deterioration
Claimant started having suicidal thoughts; his marriage was collapsing due to stress.
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Disciplinary hearing
Hearing found no case to answer; claimant was advised to go off sick and told he could not return to his original workplace.
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Return to work
Claimant returned from sickness absence; told he had 12 weeks to find a new role within the council or face disciplinary action.
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Job offer received
Claimant was offered a job at a different primary school.
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Job offer withdrawn
The job offer was withdrawn due to a bad reference from Bury Council.
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Grievance raised
Claimant raised a grievance about the bad reference; no further action was taken.
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Resignation
Claimant resigned after finding alternative employment, citing the respondent's cumulative conduct.
The legal issue
The tribunal had to decide whether Bury Council's actions amounted to a fundamental breach of contract, specifically the implied term of trust and confidence and the duty of care, entitling the site manager to resign and claim constructive unfair dismissal.
The outcome
The tribunal ruled in favour of the site manager, finding that he was constructively unfairly dismissed.
Key reasons:
- The council summarily dismissed him without any disciplinary process, then reinstated him only to suspend him for nearly two years.
- After a disciplinary hearing found no case to answer, he was not allowed to return to his original post and was given 12 weeks to find alternative work with no meaningful support.
- A job offer was withdrawn due to a bad reference from the council, and his grievance about this was ignored.
Compensation:
- Basic award: £1,288.47
- Compensatory award: £625.00
- Total: £1,913.47
Lessons & takeaways
- A suspension that drags on for years without resolution is likely to be seen as a breach of trust and confidence.
- Employers must provide genuine support when requiring an employee to find alternative work, or risk a constructive dismissal claim.
- Giving a negative reference without proper investigation can be part of a pattern of unfair treatment.
- The ACAS Code of Practice on disciplinary procedures applies; ignoring it can lead to an uplift in compensation.
A breakdown of trust
This case shows how a series of failures by an employer can add up to a constructive dismissal, even where no single act might be enough on its own. The site manager, who had three years' service, was initially summarily dismissed without any procedure. Although reinstated two days later, he was immediately suspended on full pay — and that suspension lasted nearly two years.
What went wrong
When the disciplinary hearing finally took place, it found no case to answer. But instead of being allowed back to his original job, the site manager was told to go off sick and that he could not return to his workplace. On his return from sickness absence, he was given 12 weeks to find a new role within the council or face disciplinary action — yet received no meaningful support. A job offer at another school was withdrawn after Bury Council gave a bad reference, and his grievance about this was ignored.
Why the result matters
The tribunal found that the council's cumulative conduct destroyed the trust and confidence necessary for the employment relationship. For employees in similar situations, this case highlights the importance of documenting every failure by the employer — from procedural errors to lack of support. The relatively modest compensation reflects the site manager's short service and limited financial loss, but the principle established is significant: employers cannot string employees along with endless suspensions and then abandon them to find their own way out.
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