Housing advisor wins constructive dismissal after church breached trust and confidence
A housing advisor with eight years' service was constructively dismissed after her employer instructed her to hand over work and equipment within two days, breaching the implied term of trust and confidence. The tribunal awarded £34,106.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Housing Advisor from 6 June 2011 until 9 October 2018.
- The respondent referred clients to the claimant outside her contractual remit from 2012 to 2016.
- The respondent proposed a new job description in 2016 which the claimant refused to accept.
- On 24 September 2018, the claimant was told to hand over her work and equipment by 26 September 2018.
- The claimant resigned on 1 October 2018 and the effective date of termination was 9 October 2018.
- The tribunal found the respondent's conduct was a repudiatory breach of the implied term of trust and confidence.
Timeline
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Start of first employment
Claimant began employment as Housing Advice Worker on the Robes Project.
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Start of second contract
Claimant commenced employment as Housing Advisor for South London Mission, initially fixed-term then permanent.
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Claimant resigned then withdrew
Claimant sent a letter of resignation but withdrew it shortly after.
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New job description proposed
Rev Dr Corlett proposed a new job description; claimant refused to accept changes.
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First meeting with Peninsula
Claimant met with HR consultant from Peninsula; told dismissal was possible if she did not agree to new terms.
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Without prejudice offer sent
Respondent sent a settlement offer by email, including instruction to hand over work by 26 September.
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Altercation and letter
Claimant had verbal altercation with Rev Dr Corlett and received a letter requiring handover of work and data.
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Claimant resigned
Claimant resigned on one week's notice, citing multiple reasons including the handover instruction.
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Effective date of termination
Claimant's employment ended.
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Remedy hearing
Tribunal awarded wrongful dismissal pay, basic award, and compensatory award with ACAS uplift.
The legal issue
The tribunal had to decide whether the employer's actions—including referring clients outside the claimant's remit, proposing a new job description she refused, and then demanding she hand over her work and equipment—destroyed the mutual trust and confidence required for the employment relationship to continue.
The outcome
The tribunal ruled that the claimant was constructively unfairly dismissed. The key reason was that the respondent's instruction to hand over work and equipment within two days, combined with a history of unreasonable conduct, breached the implied term of trust and confidence.
Compensation:
- Basic award: £5,560.80
- Compensatory award: £24,096.98 (reduced by 60% for Polkey from 29 January 2019)
- Wrongful dismissal (notice pay): included in compensatory award
- Total: £34,106.42
Lessons & takeaways
- If you have long service, your employer must act reasonably and follow fair procedures before making significant changes to your role or demanding you hand over work.
- A single act, like a demand to hand over work within two days, can be the final straw that justifies resigning and claiming constructive dismissal.
- Keep a record of all communications and incidents that undermine trust and confidence—they can form the basis of a breach of contract claim.
- Even if you refuse a new job description, your employer cannot simply force you out without proper consultation and a fair process.
A breakdown of trust and confidence
This case shows how a series of actions by an employer can gradually erode the trust and confidence that is essential to any employment relationship. The claimant, a housing advisor with eight years' service, had experienced ongoing issues with her employer, Bermondsey Central Hall Methodist Church. From 2012, she was referred clients outside her contractual remit, including immigration and mental health cases, often via her personal email and phone. She also raised concerns about safeguarding and DBS checks.
In 2016, the church proposed a new job description that the claimant refused to accept. Matters came to a head in September 2018 when, after a without prejudice offer, the claimant was told to hand over her work and equipment by 26 September—just two days later. She resigned on 1 October, citing this instruction as the final straw.
What the employer could have done differently
The tribunal found that the respondent's conduct was a repudiatory breach of the implied term of trust and confidence. The church could have avoided this outcome by following a fair process. Instead of demanding an immediate handover, they should have engaged in proper consultation about the new job description, considered the claimant's concerns, and given reasonable notice of any changes. The instruction to hand over work within two days, without any prior discussion, was a clear breach.
Why this matters for similar claims
This case reinforces that constructive dismissal claims can succeed when an employer's behaviour makes it impossible for the employee to continue working. The tribunal applied a 60% Polkey reduction to the compensatory award from 29 January 2019, reflecting the chance that the claimant might have been fairly dismissed later. However, the full award for earlier losses shows that the breach itself was clear. For employees, this highlights the importance of documenting all incidents and seeking legal advice before resigning. For employers, it is a reminder that trust and confidence must be maintained, especially with long-serving staff.
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