Constructive dismissal claim fails over minor pay errors
A deputy manager who resigned after a series of small underpayments has lost her constructive dismissal claim, but won £140 for unpaid wages.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked as deputy manager from 19 May 2019 to 31 August 2022.
- She was underpaid one day's bereavement pay in January 2022 (£80).
- She was underpaid 6 hours in July 2022 due to a communication breakdown (£60).
- The claimant resigned on 1 August 2022 giving 4 weeks' notice.
- The tribunal found the underpayments were not fundamental breaches of contract.
Timeline
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Employment started
Claimant began working as deputy manager for the respondent.
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First underpayment
Claimant was underpaid in September 2021, but this was remedied in October 2021.
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Father's death
Claimant's father died; she took one week's bereavement leave.
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Bereavement pay shortfall
Claimant was paid for 4 days instead of 5, losing £80.
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Alleged underpayment
Claimant alleged underpayment for 6 hours but accepted she worked 5 hours; no loss.
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Break pay dispute
Claimant worked through breaks but was told to take break in office; no entitlement to pay.
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July underpayment
Claimant was paid for 26 hours instead of 32 due to communication breakdown; loss of £60.
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Resignation
Claimant submitted resignation letter giving 4 weeks' notice.
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Employment ended
Claimant's employment ended.
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Claim presented
Claimant presented her claim to the tribunal.
The legal issue
The tribunal had to decide whether a series of small pay errors, including a bereavement pay shortfall, amounted to a fundamental breach of contract entitling the employee to resign and claim constructive dismissal.
The outcome
The tribunal dismissed the constructive unfair dismissal claim but awarded £140 for two unauthorised deductions from wages.
- Bereavement pay shortfall: £80 for one day's unpaid leave in January 2022.
- July 2022 underpayment: £60 for 6 hours not paid due to a communication breakdown.
Other claims (break pay, April underpayment) were rejected.
Lessons & takeaways
- Minor or isolated pay errors are unlikely to justify resigning and claiming constructive dismissal.
- If you resign over a breach, you must act promptly – continuing to work may be seen as affirming the contract.
- Keep clear records of pay disputes and raise them formally with your employer before resigning.
When small pay errors don't add up to constructive dismissal
This case shows the high bar for constructive dismissal claims. The deputy manager resigned after a series of small underpayments, including a missed day's bereavement pay and a shortfall in July 2022. But the tribunal found these were not fundamental breaches of contract, so her resignation was not a response to a repudiatory breach.
What the employer could have done differently
The respondent could have avoided the claim entirely by paying correctly in the first place. The bereavement pay error was a clear breach of the company's own policy, and the July underpayment resulted from poor communication. However, the tribunal noted that the employer had remedied a previous underpayment promptly, which worked in its favour.
Why this matters for similar claims
Employees considering a constructive dismissal claim should be aware that minor or inadvertent pay errors, especially when isolated, are unlikely to be seen as fundamental. The tribunal will look at the overall conduct and whether the employer intended to repudiate the contract. Here, the errors were small and not part of a pattern, so the claim failed.
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