Pushed by boss then offered a sham deal: constructive dismissal over broken promises
A deputy manager who was pushed by her employer during a dispute, then offered a deal to return only to have it reneged on, has won her constructive unfair dismissal claim. The tribunal awarded £25,391.35.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from 24 April 2018 to 21 November 2022 as Deputy Manager.
- On 11 November 2022, the respondent pushed the claimant during an altercation.
- The claimant resigned on 16 November 2022 but agreed to return after a deal with the respondent on 17-18 November.
- On 21 November 2022, the respondent presented a draft contract that reneged on the deal, demoting the claimant and imposing new restrictions.
- The claimant resigned again on 21 November 2022 due to loss of trust and confidence.
- The respondent failed to follow the ACAS Code of Practice on disciplinary and grievance procedures.
Timeline
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Employment started
Claimant began employment as a laboratory assistant and general office worker covering maternity leave.
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Physical altercation
Respondent pushed claimant during a dispute about a colleague's work.
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First resignation
Claimant resigned by email citing the altercation and other issues.
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Agreement to return
Claimant and respondent reached an oral agreement for her to return with a pay rise, three months' notice, and respect.
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Draft contract presented
Respondent gave claimant a draft contract that did not match the oral agreement, demoting her and adding restrictive covenants.
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Final resignation
Claimant resigned by email, stating the respondent had destroyed trust and confidence.
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Hearing day 1
Employment tribunal hearing commenced via CVP.
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Hearing day 2 and judgment
Tribunal issued judgment finding constructive unfair dismissal and awarding compensation.
The legal issue
The tribunal had to decide whether the employer's conduct—including a physical push and then presenting a draft contract that contradicted an oral agreement to reinstate the claimant with better terms—destroyed the trust and confidence necessary for the employment relationship, entitling the claimant to resign and claim constructive unfair dismissal.
The outcome
The tribunal upheld the claim of constructive unfair dismissal, finding that the employer's actions were a repudiatory breach of contract.
Key reasons:
- The employer pushed the claimant during a work dispute, which was a serious breach of trust.
- After the claimant resigned, the employer agreed orally to reinstate her with a pay rise, three months' notice, and respect. However, he then presented a draft contract that demoted her and imposed restrictive covenants, effectively reneging on the deal.
- The employer failed to follow the ACAS Code of Practice on disciplinary and grievance procedures, leading to a 10% uplift on the compensatory award.
Compensation breakdown:
- Basic award: £3,426.00
- Compensatory award: £19,968.50 (including £19,346.00 for loss of earnings and £622.50 for loss of statutory rights)
- ACAS uplift (10%): £1,996.85
- Total: £25,391.35
Lessons & takeaways
- If you are physically assaulted at work by your employer, that can be a fundamental breach of trust entitling you to resign and claim constructive dismissal.
- Oral agreements to resolve a dispute must be honoured; reneging on them can be seen as a further breach of trust and confidence.
- Small employers are not exempt from following the ACAS Code of Practice—failure to do so can increase compensation by up to 25%.
- Keep evidence of all communications and agreements, especially if you are considering returning to work after a dispute.
- Constructive dismissal claims require you to resign in response to the breach without delay; affirming the contract (e.g., by returning to work) can waive the breach.
When a boss's push becomes a legal breach
This case shows how a single physical altercation, combined with broken promises, can destroy the trust at the heart of an employment relationship. The deputy manager had worked for the small business for over four years when a dispute about a colleague's work escalated. Her employer pushed her—a moment that the tribunal later described as a fundamental breach of the implied term of trust and confidence.
But what makes this case distinctive is what happened next. The claimant resigned by email, but then agreed to return after her employer offered a deal: a pay rise, three months' notice, and a promise of respect. That oral agreement could have saved the working relationship. Instead, when the employer presented a draft contract that demoted her and added restrictive covenants, the trust was broken again—this time irreparably. The tribunal found that the employer had reneged on the deal, and the claimant's second resignation was a valid response to that breach.
What the employer could have done differently
The employer, who represented himself at the hearing, had no HR support and ran a very small business. However, the tribunal made clear that size does not excuse fundamental failures. After the push, the employer should have apologised, taken steps to address the claimant's grievance, and—crucially—honoured the agreement he had made. Presenting a draft contract that contradicted the oral deal was a clear step backwards. The employer also failed to follow the ACAS Code of Practice on disciplinary and grievance procedures, which led to a 10% uplift on the compensatory award.
Why this matters for similar claims
For employees considering a constructive dismissal claim, this case highlights two key points. First, a physical act by an employer can be a clear breach of trust, even if it happens in the heat of the moment. Second, if you resign and then agree to return, the terms of that agreement must be honoured. If the employer changes the deal, you may still be able to claim constructive dismissal based on the original breach—or the new one.
The compensation awarded—over £25,000—reflects the claimant's loss of earnings for the period until the hearing, plus an uplift for the employer's failure to follow the ACAS Code. It is a reminder that even small employers must take care to follow fair procedures and keep their promises.
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