Forged signature on appraisal form leads to constructive dismissal award

When trust breaks down: the case of the forged signature

This case shows how a seemingly administrative act — extending a probationary period — can unravel the employment relationship when done improperly. The claimant, a newly qualified family solicitor, had been in her role for just three months when her employer, Optimal Claim Limited (trading as Optimal Solicitors), called her to a probation review meeting. At that meeting, her line manager assessed her performance and told her the probation period would be extended. The claimant did not agree. Worse, the employer later forged her electronic signature on the appraisal form to make it look as though she had consented.

The tribunal found that this conduct, combined with the employer's subsequent deductions from her final pay for recruitment fees and a practising certificate, amounted to a fundamental breach of the implied term of trust and confidence. The claimant resigned with immediate effect on 13 December 2021, citing the breakdown. Her grievance — submitted two days later — was only partially upheld on one of six points, which did little to restore her trust.

What the employer could have done differently

Optimal Solicitors could have avoided this outcome by following basic good practice. First, if the employer believed the claimant's performance required an extended probation, it should have discussed this openly and sought her written agreement — not imposed it unilaterally and then forged her signature. Second, the recruitment fee deduction of £973.03 and the £255 practising certificate charge were made without clear contractual justification. The tribunal ordered these sums to be repaid as unlawful deductions. Employers should ensure that any contractual right to deduct is explicit and that the employee has agreed to the specific deduction.

Why this matters for similar claims

This case is a reminder that constructive dismissal claims can succeed even when the employment is short — here, just over three months. The key is whether the employer's conduct is so serious that it goes to the root of the contract. Forging a signature is an extreme example, but the tribunal also highlighted the importance of fair process in probation reviews. Employees who feel pressured or misled during probation should document their objections and, if necessary, consider resigning and bringing a claim. The total award of £2,543.11, while modest, reflects the principle that employers cannot treat employees' contractual rights as optional.