Respondent won Employment Tribunal · 1 September 2023

Product manager lost constructive dismissal claim over role change

A product manager with over seven years' service resigned claiming constructive dismissal after his role was redefined under a new operating model. The tribunal found no breach of contract.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was employed as a Product Manager from 4 March 2020.
  • In September 2020, the respondent introduced a new Product Operating Model (POM) which redefined roles.
  • The claimant's role was mapped to Technology Product Owner (TPO) with limited change in day-to-day duties.
  • The claimant resigned on 20 September 2021, citing constructive dismissal.
  • The tribunal found no breach of contract or implied term of trust and confidence.

Timeline

  1. Employment started

    Claimant began employment with the respondent.

  2. Appointed as Product Manager

    Claimant was appointed to the role of Product Manager in VBTS, effective from 6 April 2020.

  3. Informed of role change

    Claimant was told his job title might change but responsibilities would not.

  4. POM announced

    The new Product Operating Model was announced, differentiating product management from technical delivery.

  5. RAPID framework shared

    A draft RAPID decision-making framework was circulated, clarifying roles.

  6. Job description annotated

    Line manager Simon Robinson provided an annotated job description showing a 20-40% change in accountabilities.

  7. Request to revert title

    Claimant asked for his job title to be changed back to Product Manager; request was refused.

  8. Meeting with managers

    Claimant met with Mr Gregoire and Mr Robinson; he was told his role was TPO.

  9. TPO job description sent

    Mr Gregoire sent the TPO job description, stating the claimant must accept the change.

  10. Resignation

    Claimant resigned, citing constructive dismissal.

The outcome

The tribunal dismissed the claimant's claim of constructive unfair dismissal.

  • The claimant resigned on 20 September 2021, alleging that the respondent had fundamentally changed his role from Product Manager to Technology Product Owner, breaching the implied term of trust and confidence.
  • The tribunal found that the role change did not significantly alter the substance of the claimant's duties, and the respondent had communicated the changes transparently.
  • No compensation was awarded as the claim was not well-founded.

Lessons & takeaways

  • Constructive dismissal requires a fundamental breach of contract by the employer; a role change that does not significantly alter duties may not qualify.
  • Employers can reorganise roles if they communicate changes clearly and the substance of the job remains similar.
  • Employees should gather evidence of how their role has changed before resigning and claiming constructive dismissal.

What this case shows in practice

This case demonstrates the difficulty employees face in proving constructive unfair dismissal when an employer reorganises roles. The claimant, a Product Manager with over seven years' service, resigned after his role was redefined as Technology Product Owner under a new Product Operating Model. He argued that the change fundamentally altered his job, but the tribunal disagreed, noting that his day-to-day duties remained largely the same.

What the losing side could have done differently

The claimant could have focused on gathering concrete evidence of how his responsibilities changed, rather than relying on his perception of the role title. The tribunal highlighted that the respondent had communicated the changes openly and provided documentation showing the similarities between the old and new roles. Employees considering constructive dismissal should document any significant changes to their duties and seek clarity from their employer before resigning.

Why the result matters for similar claims

This decision reinforces that employers have flexibility to restructure roles as long as they do not fundamentally breach the employment contract. For employees, it underscores the importance of demonstrating a clear and substantial change in job content, not just title, to succeed in a constructive dismissal claim.

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