Constructive dismissal after gradual role erosion: a breach of trust and confidence
An Operations Director with six years' service resigned after his responsibilities were progressively stripped without consultation. The tribunal found constructive unfair dismissal.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #role-erosion
- #breach-of-trust-and-confidence
- #statutory-director
- #micromanagement
- #failure-to-consult
Key facts
- Mr Bowden was employed as Operations Director EMEA and a statutory director from 27 October 2014.
- From March 2020, his responsibilities were progressively removed without consultation, including oversight of Grove Park, customer services, and ELT membership.
- He was subordinated to Mr Keller and later to Mr Waker, and his title changed to Operations Leader.
- He resigned on 22 April 2021, citing the dismantling of his role and loss of trust.
- The tribunal found that the cumulative conduct breached the implied term of trust and confidence.
Timeline
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Employment commenced
Mr Bowden started as Operations Director – EMEA and was appointed a statutory director.
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Organisational change announced
Laura King emailed announcing Mr Keller as interim General Manager; Mr Bowden was placed under him in the new structure.
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Dr Selvaratnam called Mr Bowden a 'factory man'
Mr Bowden alleges Dr Selvaratnam described him as a 'factory man', indicating a reduced role.
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Customer services removed
Mr Bowden's responsibility for customer services was taken away without consultation.
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Excluded from Q2 business review
Mr Bowden was not invited to the Q2 business production meeting.
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Removed from ELT
Mr Bowden discovered he had been removed from the Executive Leadership Team on the company website.
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Title changed to Operations Leader
A new organisational chart showed Mr Bowden as 'EMEA Operations Leader', not a director.
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Sign-off authority removed
Mr Bowden lost authority to sign contracts and approve expenditure, including a £300 laptop.
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Request for role clarification
Mr Bowden emailed Mr Waker seeking clarity on his role and decision-making powers.
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Verbal resignation
Mr Bowden verbally resigned to Mr Waker, citing the dismantling of his role.
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Written resignation
Mr Bowden confirmed his resignation in writing, stating his role had been effectively demoted without consultation.
The legal issue
Whether the employer's conduct—including removing responsibilities, changing the claimant's title, and failing to consult—breached the implied term of trust and confidence, entitling the claimant to resign and claim constructive unfair dismissal.
The outcome
The tribunal upheld the claim of constructive unfair dismissal.
Key reasons:
- The respondent progressively removed the claimant's responsibilities without consultation, including oversight of facilities, customer services, and membership of the Executive Leadership Team.
- The claimant's title was changed from Operations Director to Operations Leader, and he was subordinated to more junior managers.
- The respondent failed to respond adequately to the claimant's concerns and excluded him from decision-making.
- This conduct cumulatively breached the implied term of trust and confidence, and the claimant did not affirm the contract before resigning.
Compensation will be determined at a separate remedy hearing.
Lessons & takeaways
- Constructive dismissal claims often hinge on a series of events rather than a single act—keep a record of every change to your role and responsibilities.
- If your employer removes significant duties without consultation or explanation, this can be a breach of trust and confidence, especially for long-serving senior staff.
- Resigning without first raising a grievance can still succeed if the breach is fundamental and ongoing, but seeking legal advice first is advisable.
- Employers should consult employees before making substantial changes to their role, title, or reporting lines, particularly for statutory directors.
- A failure to respond to an employee's requests for clarification about their role can contribute to a finding of constructive dismissal.
When a role is slowly dismantled
This case illustrates how a series of seemingly minor changes can add up to a fundamental breach of trust. The claimant, an Operations Director and statutory director with six years' service, saw his responsibilities gradually removed over a year. He was placed under a more junior manager, stripped of his director title, excluded from leadership meetings, and lost authority to sign off even small expenditures. Each change was made without consultation or explanation.
What the employer could have done differently
The respondent could have avoided the claim by communicating openly about organisational changes, consulting the claimant before altering his role, and respecting his status as a statutory director. Instead, the tribunal found that the cumulative conduct was calculated to destroy trust and confidence. The employer's failure to respond to the claimant's requests for clarity was a particular red flag.
Why this matters for similar claims
This case is a reminder that constructive dismissal does not require a single dramatic act—a pattern of conduct over time can be enough. Employees who believe their role is being eroded should document every change and raise concerns in writing. Employers should treat senior staff with particular care, especially those with statutory director obligations, and ensure any restructuring is handled transparently and with proper consultation.
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