Gas service engineer resigns after performance meetings: constructive dismissal claim fails
A gas service engineer with 11 years' service resigned after a series of performance meetings. The tribunal found no breach of trust and confidence and dismissed his constructive unfair dismissal claim.
2 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #trust-and-confidence
- #performance-management
- #investigation-meetings
- #training-repayment-agreement
Key facts
- The claimant resigned on 11 December 2020 after being invited to a meeting about an incomplete job at Mossbourne Academy.
- The claimant had been employed as a Gas Service Engineer since 12 May 2011.
- The claimant's line manager, MAW, held several meetings with the claimant about performance and communication issues.
- No formal disciplinary action was taken against the claimant during his employment.
- The claimant was required to sign a training repayment form for mandatory gas qualification renewal, which he eventually signed.
- The tribunal found that the respondent's conduct did not breach the implied term of trust and confidence.
Timeline
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Employment started
Claimant began employment with the respondent as a Gas Service Engineer.
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First resignation and retraction
Claimant resigned but later retracted his resignation and remained employed.
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Filter cutting incident
MAW admitted to cutting filters after an environmental audit; claimant felt falsely accused.
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Meeting with HR
Meeting to discuss absence and three client complaints: Paddington food, DHL Stansted call-out, Mossbourne early leave.
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Performance meeting
MAW and HR discussed paperwork, communication, and incomplete job at DHL Enfield.
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Investigation meeting
Meeting with director Moran about communication and training repayment form; claimant given deadline to sign.
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Resignation
Claimant attended meeting about Mossbourne job and handed in resignation letter.
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Exit interview
Claimant raised concerns about management and meetings in exit interview.
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Claim presented
Claimant brought claim of constructive unfair dismissal.
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Judgment
Tribunal dismissed the claim, finding no breach of trust and confidence.
The legal issue
The tribunal had to decide whether a series of investigation meetings, performance discussions, and a training repayment form requirement amounted to a repudiatory breach of the implied term of trust and confidence, entitling the employee to resign and claim constructive dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal. It found that the employer's actions, including holding meetings about performance and communication issues, and asking the employee to sign a training repayment form, were not unreasonable or destructive of trust and confidence. The employee had also previously resigned and retracted, which showed he had not lost trust at that point.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Constructive dismissal requires a serious breach of contract by the employer – mere management pressure or performance meetings are unlikely to suffice.
- If you resign and then retract, a tribunal may view that as evidence that trust and confidence were not destroyed at that time.
- Employers can hold investigation meetings and request training repayment agreements without necessarily breaching trust, provided they act reasonably.
- Employees considering a constructive dismissal claim should ensure they resign promptly after the alleged breach, without delay that could be seen as affirming the contract.
When performance management crosses the line
This case shows the high bar for constructive dismissal claims. The gas service engineer, with 11 years of service, resigned after a series of meetings about his performance and communication. He felt he was being unfairly targeted and that the trust between him and his employer had broken down. However, the tribunal found that the employer's actions – including investigation meetings, requests to improve paperwork, and a requirement to sign a training repayment form – did not amount to a fundamental breach of contract.
What the employer did right
Carter Thermal Industries Group had legitimate concerns about the engineer's work, including incomplete jobs and communication issues. They held meetings to discuss these, but never took formal disciplinary action. The tribunal noted that the employer had reasonable and proper cause for its actions. The training repayment form, while unpopular, was a legitimate request related to mandatory qualifications. The employer also gave the employee time to consider and sign it, and he eventually did so without objection.
Why the claim failed
The tribunal applied the legal test for constructive dismissal: did the employer's conduct destroy or seriously damage trust and confidence without reasonable cause? Here, the answer was no. The meetings were not a campaign of bullying, but a reasonable attempt to address performance issues. The employee had also resigned once before and retracted, which suggested he had not lost trust at that earlier stage. The tribunal concluded that the employee resigned because he was unhappy with being held accountable, not because of a breach of contract.
What this means for similar claims
For employees, this case is a reminder that not all management pressure amounts to constructive dismissal. To succeed, you need to show a serious breach – such as a significant pay cut, demotion, or bullying that goes beyond normal performance management. For employers, it shows that holding investigation meetings and requesting training repayments can be done without breaching trust, as long as the process is fair and the requests are reasonable.
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