Promoted to Care Manager then left with no duties: constructive dismissal
A care manager with 18 years' service was promoted and then stripped of all duties. The tribunal found she was constructively unfairly dismissed and awarded £4,588.
2 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #care-manager
- #removal-of-duties
- #breach-of-trust-and-confidence
- #no-grievance-procedure
Key facts
- The claimant was employed as a Care Manager from 1 March 2022 after being promoted from Care Supervisor.
- After promotion, the claimant's existing duties were gradually removed and no new duties were provided.
- The claimant raised the issue with management but received no resolution or grievance process.
- The claimant resigned on 14 April 2022 due to the lack of work and breach of trust.
- The respondent did not attend the hearing and provided no evidence to justify its actions.
Timeline
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Employment started
Claimant began working at Mapleford Care Home as a Kitchen Assistant.
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Promotion to Care Manager
Claimant was informed by email that she would be appointed as Care Manager from 1 March 2022.
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Care Manager role commenced
Claimant started in the Care Manager role but was not given a job description or supervision.
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Duties removed
Over the following weeks, the claimant's previous Care Supervisor duties were gradually given to other staff.
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Meeting with Joanne Randall
Claimant raised lack of duties with manager Joanne Randall, who said 'we'll work through it' but took no action.
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Resignation
Claimant resigned by email, stating all responsibilities had been taken away.
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Resignation acknowledged
Joanne Randall and Kate Beebe replied wishing the claimant luck, not addressing the reasons.
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Claim presented
Claimant presented a claim for constructive unfair dismissal.
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Final hearing
Tribunal heard the case in the respondent's absence.
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Judgment issued
Tribunal found constructive unfair dismissal and awarded £4,588.
The legal issue
The tribunal had to decide whether the employer's conduct – promoting the claimant then removing all her duties without providing a job description or addressing her concerns – was a fundamental breach of the implied term of trust and confidence, justifying her resignation.
The outcome
The tribunal upheld the claim for constructive unfair dismissal.
The key reasons were:
- The respondent promoted the claimant to Care Manager but then gradually removed all her previous duties without giving her any new responsibilities.
- When the claimant raised the issue, management acknowledged it but took no action, and no grievance procedure was offered.
- The respondent failed to attend the hearing or provide any evidence to justify its actions.
Compensation:
- Basic award: £4,088
- Compensatory award (loss of statutory rights): £500
- Total: £4,588
Lessons & takeaways
- If you are promoted but given no meaningful work, and your employer ignores your concerns, this may amount to a fundamental breach of contract allowing you to resign and claim constructive dismissal.
- Employers should provide a clear job description and duties when promoting an employee, and must address any concerns raised about lack of work.
- Even if an employee resigns quickly after a breach, they may still succeed in a constructive dismissal claim if the breach is serious and they did not affirm the contract.
- Failing to attend a tribunal hearing without good reason means the employer loses the chance to defend its actions, and the tribunal will decide based on the claimant's evidence.
A promotion that turned into a dead end
This case shows what can happen when a promotion is not backed up with proper planning. The claimant had worked for the same care home for 18 years, starting as a kitchen assistant and working her way up to Care Supervisor. When she was promoted to Care Manager in March 2022, she expected new responsibilities – instead, her existing duties were gradually handed to other staff and she was left with nothing to do.
Despite raising the issue with her manager, who said 'we'll work through it', no action was taken. No job description was provided, no supervision was given, and no grievance procedure was offered. After six weeks of being paid to do nothing, the claimant resigned.
What the employer could have done differently
The respondent's failure to engage with the claimant's concerns was critical. A simple conversation about her role, or a temporary allocation of duties while a proper handover was arranged, could have avoided the breakdown in trust. Offering a formal grievance process would also have shown that the employer took her concerns seriously.
By not attending the hearing or providing any evidence, the respondent left the tribunal with no alternative but to accept the claimant's account. This is a reminder that employers must participate in proceedings if they wish to defend a claim.
Why this matters for similar claims
Constructive dismissal claims often fail because the employee cannot show a fundamental breach of contract. Here, the removal of all duties without any replacement work was clearly a breach of the implied term of trust and confidence. The fact that the claimant had long service and had been promoted made the employer's conduct even more unreasonable.
The relatively low compensation (£4,588) reflects the short period of employment after promotion and the absence of financial loss beyond statutory rights. But the principle established – that a promotion without duties can be a fundamental breach – is significant for employees in similar situations.
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