Nursery manager wins constructive dismissal claim after boss's critical social media messages
A nursery manager with two years' service was constructively dismissed after his employer sent a private message accusing him of dishonesty and lies, without any prior investigation. The tribunal awarded £5,298.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #social-media-messages
- #allegations-of-dishonesty
- #lack-of-written-policies
- #acas-code-uplift
- #failure-to-provide-written-statement
Key facts
- The claimant resigned on 12 April 2021 after receiving a private message from the respondent accusing him of dishonesty and poor performance.
- The respondent had previously apologised for critical messages in a group chat after a face-to-face meeting on 29 March 2022.
- The 11 April 2022 message contained serious allegations of falsehoods and lies without prior investigation or opportunity to respond.
- The claimant had no written employment contract, job description, or disciplinary procedures.
- The tribunal found the respondent's conduct amounted to a fundamental breach of the implied term of trust and confidence.
Timeline
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Employment started
The claimant began working at St Margaret's Nursery, initially as a general worker or manager (disputed).
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Resignation email
The claimant sent an email resigning as manager, citing the respondent's critical and attacking messages.
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Critical group chat exchange
The respondent criticised the claimant's efficiency in a manager chat group, leading the claimant to leave the group.
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Face-to-face meeting
The respondent apologised and agreed to review his messages; the claimant thought the issue was resolved.
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Fertiliser sales message
The respondent sent a private message about declining fertiliser sales, which the claimant found critical.
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Final straw message
The respondent sent a private message accusing the claimant of dishonesty, lies, and poor performance, leading to the claimant's resignation.
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Resignation confirmed
The claimant emailed a detailed rebuttal and offered to step down to a general staff role; the respondent accepted the resignation.
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ET1 claim filed
The claimant filed a claim for constructive unfair dismissal.
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Liability judgment
The tribunal found the claimant was constructively dismissed unfairly.
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Remedy hearing
The tribunal awarded £5,298.04 including a 10% ACAS uplift and an award for failure to provide written particulars.
The legal issue
The tribunal had to decide whether the employer's conduct, particularly a private social media message containing serious allegations of dishonesty, breached the implied term of trust and confidence, entitling the employee to resign and claim constructive unfair dismissal.
The outcome
The tribunal ruled that the claimant was constructively dismissed and that the dismissal was unfair.
Key reasons:
- The employer's private message on 11 April 2022 accused the claimant of dishonesty and lies without any prior investigation or chance to respond.
- This followed a pattern of critical messages, despite a face-to-face meeting where the employer had apologised and agreed to improve.
- The employer had no written policies, contract, or disciplinary procedures, which contributed to the breakdown in trust.
Compensation:
- Basic award: £1,005.10
- Compensatory award: £2,282.74
- Total: £5,298.04 (including a 10% ACAS uplift for failure to follow the ACAS Code and an award for failure to provide written particulars)
Lessons & takeaways
- If you are accused of misconduct, your employer should investigate and give you a chance to respond before making a final decision.
- Employers should avoid making serious allegations in private messages or group chats without following a fair process.
- Having a written employment contract and disciplinary policy can help prevent misunderstandings and protect both parties.
- A pattern of critical behaviour, even after an apology, can amount to a breach of trust and confidence over time.
When a private message becomes the final straw
This case shows how a single private message can be the tipping point in a constructive dismissal claim. The nursery manager had been working for about two years when his employer sent a series of critical messages via social media. After a face-to-face meeting in March 2022, the employer apologised and promised to do better. But just weeks later, he sent a private message accusing the manager of dishonesty and lies — without any investigation or chance to respond.
What the employer could have done differently
The employer could have avoided liability by following a basic process. If he had concerns about the manager's performance or honesty, he should have raised them in a formal meeting, given the manager an opportunity to explain, and investigated before reaching any conclusions. Instead, the allegations were made in a private message, which the tribunal found was a fundamental breach of trust and confidence. The employer also had no written contract or disciplinary procedures, which made the situation worse.
Why this matters for similar claims
For employees, this case is a reminder that constructive dismissal claims can succeed even with relatively short service — here, just two years. The key is whether the employer's conduct was so serious that it destroyed the trust and confidence needed for the employment relationship. For employers, it highlights the importance of fair process, especially when making serious allegations. A 10% ACAS uplift was applied because the employer failed to follow the ACAS Code of Practice on disciplinary and grievance procedures. The total award of £5,298 included compensation for the failure to provide a written statement of employment particulars, which is a legal requirement for all employees.
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