Flexible working refusal: lecturer's constructive dismissal claim fails
A lecturer with 12 years' service resigned after her flexible working request was refused. The tribunal held that the employer's conduct did not amount to a fundamental breach of contract.
1 min read · Last updated 18 May 2026
Case details
- #flexible-working
- #childcare
- #anonymous-complaint
- #misconduct-investigation
- #occupational-health
- #stress
Key facts
- The claimant resigned on 24 June 2022 after her flexible working request was refused.
- The respondent received an anonymous complaint about the claimant's conduct in September 2021.
- The respondent began a misconduct investigation but it was delayed due to the claimant's sickness absence.
- The claimant had a history of stress and anxiety, linked to work pressures and childcare.
- The respondent offered to accommodate some of the claimant's requests but could not guarantee all.
- The claimant did not appeal the flexible working decision or pursue a grievance.
Timeline
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Employment started
Claimant began working at City and Islington College as a lecturer in forensic science.
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Maternity leave
Claimant took maternity leave, returning in February 2021.
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Timetable adjustment
Claimant emailed Christopher Simons about a clash in start times; adjustments were made.
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Anonymous complaint
Respondent received an anonymous email ('Marie Walker') complaining about the claimant's conduct.
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Strike action begins
Claimant participated in strike action on multiple dates from September to October 2021.
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Investigation letter
Philippa Cooke wrote to claimant inviting her to an investigation meeting regarding potential misconduct.
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Sickness absence begins
Claimant began a prolonged period of absence due to work stress.
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Occupational health assessment
Claimant had an occupational health assessment which noted work-related stress factors.
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Stage 1 sickness meeting
Claimant attended a stage 1 meeting under the sickness absence policy; discussed her stress and requested changes.
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Flexible working request
Claimant submitted a flexible working request asking for three days a week, late start/early finish, and specific teaching subjects.
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Flexible working response
Respondent agreed to reduced hours but could not guarantee specific days or times; claimant was reminded of appeal rights.
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Resignation
Claimant resigned, citing refusal of flexible working, hostile office environment, pending investigation, and other issues.
The legal issue
The tribunal had to decide whether the employer's conduct, including the refusal of flexible working and the handling of an anonymous misconduct complaint, amounted to a fundamental breach of contract entitling the claimant to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
Key reasons:
- The employer's refusal of flexible working was not unreasonable; it offered to accommodate some requests but could not guarantee specific days or times.
- The misconduct investigation was delayed due to the claimant's sickness absence, but this did not amount to a fundamental breach.
- The claimant did not appeal the flexible working decision or raise a grievance, so the employer was not given a chance to address her concerns.
No compensation was awarded as the claim failed.
Lessons & takeaways
- If you are considering resigning over a flexible working refusal, first use any appeal process to give the employer a chance to reconsider.
- A grievance can be a crucial step before resigning — it shows you tried to resolve the issue internally and may strengthen a constructive dismissal claim.
- Employers are not required to grant every flexible working request, but they must properly consider it and give clear reasons for refusal.
What this case shows in practice
This case illustrates the high bar for constructive unfair dismissal. The claimant, a lecturer with 12 years' service, resigned after her flexible working request was partially refused. She felt the employer's response was unreasonable and that a pending misconduct investigation created a hostile environment. However, the tribunal found that the employer had acted reasonably overall.
The employer had offered to reduce her hours but could not guarantee specific days or start/finish times due to operational needs. The claimant did not appeal this decision or raise a formal grievance. The tribunal noted that the employer had previously accommodated her childcare needs by adjusting timetables, and the refusal was not a fundamental breach of contract.
What the employer did right
Capital City College Group demonstrated a fair process: they considered the flexible working request, offered a compromise, and reminded the claimant of her appeal rights. The misconduct investigation was delayed due to the claimant's sickness absence, but this was not unreasonable. The tribunal emphasised that the claimant's failure to appeal or grieve meant the employer was not given a chance to address her concerns.
Why this matters for similar claims
Employees considering constructive dismissal should exhaust internal procedures before resigning. A flexible working refusal alone is unlikely to be a fundamental breach unless the employer acted unreasonably or in bad faith. The case also highlights that a pending investigation, without more, does not create a hostile environment that justifies resignation.
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