Golf course manager's constructive dismissal claim fails over board members' conduct
A golf course manager who resigned after being called a 'dickhead' by a board member and feeling undermined by the new captain has lost his constructive unfair dismissal claim. The tribunal found no breach of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #mutual-trust-and-confidence
- #last-straw
- #golf-course-manager
- #board-members
- #verbal-abuse
Key facts
- The claimant was employed as golf course manager from 12 June 2017 to 13 May 2022.
- The claimant resigned because he felt he could not do his job to the best of his knowledge and experience with the current office holders.
- Mike Carney acted unreasonably at a course walk meeting on 24 September 2021 by being dismissive of the claimant's expertise.
- Simon Fletcher called the claimant a 'dickhead' on 6 April 2022 but later apologised, which the claimant accepted.
- The tribunal found no breach of the implied term of mutual trust and confidence by the respondent.
- The claimant's complaint of constructive unfair dismissal was not well founded.
Timeline
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Employment started
The claimant began working as golf course manager for the respondent.
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Course walk meeting
Mike Carney dismissed the claimant's explanations about turf condition; the claimant accused Mike Carney of bullying.
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Greens committee meeting
Mike Carney blamed the claimant for poor fairway conditions; the claimant disagreed.
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Board changes
Allan Denham was not re-elected; Mike Carney became Captain; Keith Morley became Greens committee chair.
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Meeting with Simon Fletcher
Simon Fletcher called the claimant a 'dickhead' over Covid cups; later apologised.
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Meeting with Keith Morley
Keith Morley offered support and noted a clash between the claimant and Mike Carney.
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Greens committee meeting
The claimant felt questioned and undermined; no breach found by tribunal.
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Greens committee meeting
Further discussion on irrigation; claimant felt undermined by tone and repeated questions.
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Resignation communicated
The claimant told Keith Morley he was resigning, saying he couldn't work with Mike Carney.
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Resignation email
The claimant confirmed resignation by email, citing attitude and behaviour of certain individuals.
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Employment ended
The respondent paid the claimant in lieu of notice.
The legal issue
The tribunal had to decide whether the employer's conduct, through the actions of board members, was so unreasonable that it fundamentally breached the implied term of mutual trust and confidence, entitling the manager to resign and claim constructive dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
The key reason was that the incidents relied upon by the manager did not, individually or together, amount to a breach of the implied term of mutual trust and confidence. The tribunal found that the board members' behaviour, while sometimes unreasonable, was not calculated or likely to destroy the employment relationship.
No compensation was awarded as the claim failed.
Lessons & takeaways
- A single insult, if promptly apologised for and accepted, is unlikely to amount to a fundamental breach of trust and confidence.
- To succeed in a constructive dismissal claim, you must show that the employer's conduct was so serious that it went to the root of the employment relationship.
- Resigning without first giving the employer a chance to address your concerns can weaken a constructive dismissal case.
- Volunteer board members' actions may still be attributed to the employer if they are acting in their official capacity.
This case shows how difficult it can be to prove constructive unfair dismissal, even when an employee feels undermined and disrespected. The golf course manager, a highly experienced professional, resigned after a series of clashes with new board members, including being called a 'dickhead' by one. However, the tribunal found that the employer's conduct did not cross the line into a fundamental breach of trust and confidence.
What went wrong for the manager?
The manager pointed to several incidents: a dismissive attitude during a course walk, being blamed for poor fairway conditions, and the insult. But the tribunal noted that the insult was immediately apologised for and accepted. Other incidents were seen as robust debate rather than bullying. The manager also resigned without raising a formal grievance, which might have given the employer a chance to address his concerns.
What could the employer have done differently?
The employer's board members could have been more respectful and open to the manager's expertise. However, the tribunal accepted that the employer offered support through the new greens committee chair, and that the manager's relationship with the previous chair had been good. The employer's willingness to apologise for the insult also worked in its favour.
Why this result matters
This case is a reminder that constructive dismissal claims require a high threshold. Employees who feel pushed to resign should document all incidents, raise grievances formally, and consider whether the employer's conduct truly makes it impossible to continue working. For employers, it shows that isolated incidents, especially where apologies are made, may not be enough to justify a resignation-based claim.
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