Nursery manager's constructive dismissal claim fails: no repudiatory breach found
A nursery manager with 13 years' service resigned before a disciplinary hearing and claimed constructive dismissal, but the tribunal rejected her claim, finding the employer's actions did not breach the implied term of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as nursery manager from 2007 until her resignation on 13 July 2020.
- The respondent began an investigation into the claimant's conduct in May 2020 after a phone call from a parent.
- An independent HR professional, Mr Helsby, conducted an investigation and found some allegations were upheld.
- The claimant resigned before the disciplinary hearing, claiming constructive dismissal.
- The tribunal found that the respondent's actions did not amount to a repudiatory breach of contract.
- The respondent's counterclaim for breach of contract was dismissed due to insufficient evidence.
Timeline
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Claimant started employment
The claimant began working as manager of Happy Days Nursery.
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Phone call from pupil one's mother
The respondent received a phone call from a parent that shocked her and led to an investigation.
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Meeting about nursery sale
The claimant and respondent discussed the potential sale of the nursery; the claimant alleges threats were made.
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Suspension email
The respondent sent an email suspending the claimant and instructing her not to attend the nursery.
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Investigation meeting invitation
The claimant was invited to an investigation meeting with Mr Helsby.
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Investigation meeting
The claimant attended a face-to-face investigation meeting with Mr Helsby, which was recorded.
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Disciplinary hearing invitation
The claimant received a letter inviting her to a disciplinary hearing on 13 July 2020.
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Claimant received disciplinary letter
The claimant received the disciplinary invitation letter and requested a 14-day extension.
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Claimant resigned
The claimant resigned via a letter from her solicitors, claiming constructive dismissal.
The legal issue
The tribunal had to decide whether the employer's conduct – including suspending the employee, investigating complaints, and inviting her to a disciplinary hearing – destroyed mutual trust and confidence, entitling her to resign and claim constructive unfair dismissal and wrongful dismissal.
The outcome
The tribunal dismissed all of the claimant's claims:
- Constructive unfair dismissal: failed because the employer's actions did not breach the implied term of trust and confidence. The investigation was reasonable, the disciplinary process was underway, and the claimant resigned prematurely.
- Wrongful dismissal: failed for the same reason – there was no repudiatory breach by the employer.
- Unlawful deduction from wages: dismissed by consent.
- Failure to provide written particulars: dismissed.
The respondent's counterclaim for breach of contract was also dismissed due to insufficient evidence.
Lessons & takeaways
- Resigning before a disciplinary hearing makes it very difficult to win a constructive dismissal claim – you must give the employer a chance to complete its process.
- Employers can suspend an employee and investigate complaints without necessarily breaching trust and confidence, as long as the process is fair and reasonable.
- Keep clear records of all communications and decisions – the respondent's counterclaim failed largely because of poor record-keeping.
- A long service history does not automatically protect you if you resign before the employer has had a chance to address your concerns.
This case shows the high bar for constructive dismissal claims. The nursery manager resigned after being suspended and invited to a disciplinary hearing, claiming the employer's conduct destroyed trust and confidence. But the tribunal found the employer's actions were reasonable – the investigation was independent, the allegations were serious, and the disciplinary process was progressing.
What the employer did right
The respondent acted promptly after a parent's complaint, appointed an independent HR professional to investigate, and gave the claimant a fair opportunity to respond. The suspension was not automatic or punitive. The tribunal noted that the employer's conduct did not go 'without reasonable and proper cause' – a key test for breach of trust and confidence.
What the claimant could have done differently
The claimant resigned just as the disciplinary hearing was about to take place. By doing so, she denied the employer the chance to complete its process and potentially clear her name. Tribunals expect employees to exhaust internal procedures before resigning, unless the breach is so serious that no reasonable employee could be expected to stay.
Why the result matters
This case reinforces that constructive dismissal claims are difficult to win, especially when the employer has followed a reasonable process. It also highlights the importance of good record-keeping – the respondent's counterclaim failed because it could not prove its losses. For employees, the lesson is clear: do not resign prematurely, and for employers, a fair investigation and disciplinary process can protect against constructive dismissal claims.
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