Accepting re-engagement after dismissal can block a constructive dismissal claim

What this case shows

This case illustrates a common trap for employees who are dismissed and then offered re-engagement. The former employee, a Transcare Nurse, was initially dismissed for gross misconduct in February 2022. She appealed, and in May 2022 the employer offered her a new role as a Transcare Nurse with reduced pay but preserved continuity of service. She accepted the offer in writing.

However, just 11 days later she resigned, claiming constructive unfair dismissal based on the original dismissal and alleged breaches of contract. The tribunal found that by accepting re-engagement, she had effectively accepted the new contract and could not go back to complain about the earlier dismissal.

What the employer did right

B. Braun Medical Ltd acted carefully by offering re-engagement on clear terms, preserving continuity, and obtaining written acceptance. This closed the door on the earlier dismissal and meant any later resignation could not be linked to the original breach.

Why this matters

For employees, the lesson is clear: if you accept re-engagement after a dismissal, you may lose the right to claim constructive dismissal based on the original events. The tribunal will see the acceptance as a fresh start. If you believe the re-engagement itself is a breach (e.g., due to reduced pay), you should raise that promptly and not rely on earlier grievances.

For employers, this case shows the value of offering re-engagement with a clear written contract and getting express acceptance. It can effectively neutralise a subsequent constructive dismissal claim.