Line operator with Asperger's loses constructive dismissal claim over transfer request
A line operator with 4 years 8 months' service who resigned after being told a transfer to Halifax could not be guaranteed within 3-4 weeks has lost her constructive unfair dismissal claim against Nestle UK Limited.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #failure-to-make-reasonable-adjustments
- #wrongful-dismissal
- #autism-spectrum-disorder
- #telephone-occupational-health
- #transfer-request
- #grievance-procedure
Key facts
- The claimant worked as a line operator at Nestle's Tutbury site from 8 August 2016.
- She was diagnosed with Asperger's syndrome in October 2020 and the tribunal found her disabled from January 2020.
- She requested a transfer to Halifax for personal reasons from February 2020, but no vacancies arose.
- She resigned on 12 April 2021 after being told a transfer could not be guaranteed within 3-4 weeks.
- The tribunal found no breach of the implied term of trust and confidence and dismissed all claims.
Timeline
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Employment commenced
Claimant started work as a Line Operator at Nestle's Tutbury site.
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Disability period starts
Tribunal found claimant disabled due to Asperger's syndrome from this date.
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First telephone OH referral
Claimant referred to occupational health by telephone; she expressed preference for face-to-face but did not explain disability reason.
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First transfer request
Claimant asked about transfer to Halifax; HR advised no vacancies and provided contact details.
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Diagnosis sent to employer
Claimant emailed diagnosis of Asperger's to manager Cliff Stubbs; no acknowledgment received.
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First mention of autism and phone difficulty
Claimant told HR she had autism and struggled with phone calls; employer then arranged support for future calls.
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Return to work
Claimant returned after knee injury; phased return arranged; meeting focused on Covid measures, not mental health.
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Grievance raised
Claimant submitted formal grievance about handling of her requests and problems.
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Grievance meeting and resignation
At meeting, claimant was told transfer could not be guaranteed; she resigned, later confirmed in writing.
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Employment ended
Claimant's employment terminated by agreement on shortened notice.
The legal issue
The tribunal had to decide whether the employer's conduct, including telephone occupational health assessments and responses to transfer requests, amounted to a fundamental breach of contract entitling the employee to resign and claim constructive dismissal, and whether the employer failed to make reasonable adjustments for her autism.
The outcome
The tribunal dismissed all claims: constructive unfair dismissal, wrongful dismissal, and failure to make reasonable adjustments.
Key reasons:
- The employer's actions, including telephone OH referrals and responses to transfer requests, did not breach the implied term of trust and confidence.
- The employer had offered support for phone calls once the claimant explained her autism-related difficulties.
- The transfer request was handled reasonably given that no vacancies existed at the Halifax site.
- The claimant resigned prematurely before the grievance process could be completed.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer – disagreements over transfer timelines are unlikely to meet that threshold.
- Employers who offer support for disability-related communication difficulties (e.g., alternative formats for phone calls) are likely to be seen as acting reasonably.
- Resigning before a grievance process concludes can weaken a constructive dismissal claim, as the employer may not have had a fair chance to remedy the issue.
- A transfer request to a different site does not create an automatic right to a transfer – employers only need to consider it reasonably and in line with business needs.
What this case shows in practice
This case illustrates the high bar for constructive dismissal claims, particularly when an employee resigns over a transfer request that could not be immediately accommodated. The claimant, a line operator with autism (Asperger's syndrome), had sought a transfer to another Nestle site for personal reasons. When told a transfer could not be guaranteed within a few weeks, she resigned and claimed the employer's conduct had destroyed trust and confidence.
The tribunal carefully examined each alleged act – from telephone occupational health referrals to unacknowledged emails – and found that none amounted to a fundamental breach. Crucially, the employer had offered support for telephone calls once the claimant disclosed her autism-related difficulties, and the transfer request was handled reasonably given that no vacancies existed at the desired location.
What the losing side could have done differently
While the claimant lost, the case highlights the importance of clear communication and timely responses. The employer could have acknowledged the claimant's diagnosis email sooner, and a more proactive approach to exploring transfer options might have avoided the resignation. However, the tribunal found that these shortcomings did not cross the line into a breach of contract.
Why the result matters for similar claims
For employees considering a constructive dismissal claim, this case reinforces that the employer's conduct must be seriously unreasonable – not just frustrating or disappointing. A single dispute over a transfer timeline, especially when the employer is acting in good faith, is unlikely to succeed. Employees should also allow grievance procedures to run their course before resigning, as a premature resignation can undermine the claim.
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