Reinstated after gross misconduct dismissal: constructive dismissal claim fails
A professional carer who was initially dismissed for gross misconduct, then reinstated with a final warning, resigned and claimed constructive dismissal. The tribunal ruled the employer had reasonable cause for its actions and the claim was dismissed.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Professional Carer from 6 October 2017 until 4 March 2022.
- On 25 January 2022, the respondent received a complaint from another carer about the claimant's behaviour towards a client.
- The respondent investigated and dismissed the claimant for gross misconduct on 11 February 2022.
- On appeal, the dismissal was substituted with a final written warning and a six-month Performance Improvement Plan.
- The claimant resigned on 4 March 2022, claiming constructive dismissal.
- The tribunal found that the respondent had reasonable and proper cause for its actions and that there was no breach of the implied term of trust and confidence.
Timeline
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Employment started
The claimant began employment with the respondent as a Professional Carer.
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Temporary placement started
The claimant began a temporary placement to provide care to a client referred to as BG.
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Complaint received
The respondent received a complaint from another carer about the claimant's conduct towards BG and colleagues.
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Investigation meeting
An investigation meeting took place; the claimant denied all allegations.
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Suspension and disciplinary invitation
The claimant was suspended and invited to a disciplinary hearing regarding allegations of physical abuse, verbal abuse, and not working in line with values.
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Disciplinary hearing
The disciplinary hearing was chaired by Ms Aldridge; all allegations were upheld.
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Dismissal decision
The claimant was informed of her dismissal without notice for gross misconduct.
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Appeal lodged
The claimant appealed the dismissal decision.
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Appeal hearing
The appeal hearing was chaired by Ms Malone-Robertson; the claimant raised new mitigation.
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Resignation
The claimant was informed of the appeal outcome (reinstatement with final warning and PIP) and resigned, stating she could not return to work.
The legal issue
The tribunal had to decide whether the employer's initial dismissal for gross misconduct and subsequent reinstatement with a final warning, either individually or together, breached the implied term of mutual trust and confidence, thereby constituting constructive unfair dismissal.
The outcome
The tribunal dismissed the claimant's claim of constructive unfair dismissal. It found that the employer had reasonable and proper cause for its actions throughout the process. The initial dismissal was based on a genuine belief in gross misconduct following a reasonable investigation, and the appeal decision to substitute a final written warning and a Performance Improvement Plan was a reasonable outcome. There was no breach of the implied term of trust and confidence, and the claimant's resignation was not a response to any such breach.
No compensation was awarded as the claim was unsuccessful.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer – a decision that the employee disagrees with is not enough.
- An employer can correct its own decision on appeal without that being a breach of trust and confidence, provided the process is fair.
- If you resign after an appeal reinstates you with a warning, you may still need to show that the employer's conduct was unreasonable, not just that you felt unable to return.
- Representing yourself at tribunal is possible but can be challenging, especially when the other side has legal counsel.
When a reinstatement doesn't save the claim
This case shows that even a dismissal that is later overturned on appeal may not give rise to a constructive dismissal claim. The claimant, a professional carer with four years' service, was dismissed for gross misconduct following a complaint about her behaviour towards a vulnerable client. She appealed, and the employer substituted the dismissal with a final written warning and a six-month Performance Improvement Plan. The claimant resigned immediately, arguing that the whole process had destroyed trust and confidence.
The tribunal disagreed. It found that the employer had carried out a reasonable investigation and genuinely believed the claimant had committed gross misconduct. The appeal decision to reinstate her with a warning was a reasonable outcome, not an admission that the original decision was wrong. The tribunal noted that the employer had proper cause for its actions at every stage, and therefore there was no breach of the implied term of trust and confidence.
What the employer did right
The employer's key strength was its thorough investigation and clear disciplinary process. It gathered witness statements, held an investigation meeting, and gave the claimant a fair opportunity to respond. Even though the dismissing officer refused to answer questions at the tribunal, the overall process was found to be reasonable. The appeal hearing also allowed the claimant to raise new mitigation, leading to a more proportionate outcome. This demonstrates that a well-documented process can protect an employer against constructive dismissal claims, even when the initial decision is later softened.
Why this matters for similar claims
For employees considering a constructive dismissal claim, this case is a reminder that the bar is high. It is not enough to feel that the employer has treated you unfairly – you must show that they acted without reasonable and proper cause in a way that fundamentally undermined the employment relationship. Here, the employer's willingness to reconsider on appeal actually worked in its favour, showing that it was not acting arbitrarily. The case also highlights the importance of seeking advice before resigning, as a resignation in the heat of the moment may not be protected if the employer's conduct was reasonable overall.
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