Flexible working refusal: constructive dismissal claim fails against University of London
An executive assistant who resigned after her request to reduce hours to 2.5 days per week was refused has lost her constructive unfair dismissal claim. The tribunal found the university acted reasonably.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #flexible-working
- #part-time-request
- #breach-of-trust
- #confidential-emails
- #grievance
Key facts
- The claimant was employed as an Executive Assistant from 28 July 2015 to 18 September 2020.
- She resigned after her interim line manager refused to approve her request to reduce her working hours to 2.5 days per week.
- The claimant had previously reduced her hours to 3 days per week using annual leave.
- She accessed confidential emails of her manager after resigning and sent an email to an anti-racism discussion thread on her last day.
- The tribunal found that the respondent's conduct was reasonable and did not breach the implied term of trust and confidence.
Timeline
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Employment started
Claimant began working as an Executive Assistant for the University of London.
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Permanent contract
Claimant transferred to a permanent part-time contract (28 hours per week).
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Informal flexible working request
Claimant requested to reduce her hours to 2 days per week due to caring responsibilities and injury.
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Used annual leave to reduce hours
Claimant began taking one day of annual leave per week to work 3 days instead of 4.
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Interim director appointed
Kate Dodd became interim Director after Bob Gilworth left.
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Resignation
Claimant resigned after Ms Dodd refused to approve her request to reduce hours to 2.5 days per week.
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Attempt to withdraw resignation
Claimant emailed to withdraw her resignation but later confirmed it after a conversation with Ms Dodd.
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Accessed confidential emails
Claimant read and replied to a confidential email chain about her performance.
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Last day of employment
Claimant sent an email to an anti-racism discussion thread complaining about bullying.
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Claim presented
Claimant filed her claim for constructive unfair dismissal with the Employment Tribunal.
The legal issue
The tribunal had to decide whether the employer's conduct, particularly the refusal to reduce the claimant's working hours, amounted to a fundamental breach of the implied term of mutual trust and confidence, entitling her to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal.
The key reason was that the University of London acted reasonably in refusing the request to reduce hours to 2.5 days per week. The interim director had legitimate business concerns about the impact on the team and workload. The tribunal found no breach of the implied term of trust and confidence.
No compensation was awarded as the claim failed.
Lessons & takeaways
- A flexible working request can be refused if the employer has genuine business reasons, such as impact on team workload or operational needs.
- Constructive dismissal requires a fundamental breach of contract by the employer; a simple refusal of a request, without more, is unlikely to amount to such a breach.
- Resigning in the heat of the moment without first raising a grievance or giving the employer a chance to reconsider can weaken a constructive dismissal claim.
- Accessing confidential emails after resigning may damage credibility and undermine the claim that the employer destroyed trust and confidence.
What this case shows
This case illustrates the limits of constructive dismissal claims based on flexible working refusals. The claimant, an executive assistant with five years' service, resigned after her interim line manager refused to approve a reduction in her working hours from 28 hours per week to 2.5 days (around 17.5 hours). She had previously used annual leave to work three days a week, but the new manager considered the further reduction unworkable given the team's needs.
The tribunal accepted that the manager's decision was based on legitimate operational concerns, not caprice or malice. The claimant had not raised a formal flexible working request under the statutory scheme, and the refusal did not breach the implied term of trust and confidence. The tribunal also noted that the claimant had accessed confidential emails after resigning and sent a complaint email to an anti-racism discussion thread, which undermined her case.
What the employer did right
The University of London had a clear business rationale for refusing the request: the team was already stretched, and further reducing the claimant's hours would have placed an unfair burden on colleagues. The manager explained her reasons and offered alternatives, such as a trial period or a different pattern of hours. The tribunal found this was a reasonable response.
Why this matters
For employees, this case is a reminder that not every refusal of a flexible working request will justify resigning and claiming constructive dismissal. The employer must be in fundamental breach of contract, which is a high threshold. For employers, it shows that a reasoned business decision, communicated clearly, can defeat such claims. The case also highlights the importance of following proper procedures and considering alternative arrangements.
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