Programme Delivery Manager resigns during redundancy consultation: constructive dismissal claim fails
A Programme Delivery Manager with nine years' service resigned during a redundancy consultation and claimed constructive unfair dismissal. The tribunal dismissed her claim, finding that the employer's conduct was not a fundamental breach of contract.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Programme Delivery Manager from September 2014.
- In July 2022, the respondent began a redundancy consultation affecting the PMO, proposing to delete the claimant's role.
- The claimant declined to attend consultation meetings and indicated she would not apply for new roles.
- She emailed colleagues outside the PMO about the consultation, breaching confidentiality instructions.
- The respondent suspended the claimant on 29 July 2022 pending a disciplinary investigation.
- The claimant resigned on 7 August 2022, claiming constructive dismissal.
Timeline
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PMO meeting
The proposed new structure was shared with the PMO team. Employees were asked not to share the proposal outside the group for 48 hours.
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Claimant declines consultation
The claimant declined to attend her one-to-one consultation meeting and asked to leave the business immediately under a settlement agreement. She also emailed colleagues outside the PMO about the consultation.
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Suspension
The claimant cancelled multiple project meetings and continued to email colleagues outside the PMO. The respondent decided to suspend her pending a disciplinary investigation.
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Suspension letter received
The claimant received the suspension letter and began a period of sickness absence with stress and anxiety.
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Grievance raised
The claimant raised a grievance concerning her suspension and the respondent's alleged failure to follow its Restorative Practice Policy.
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Resignation on notice
The claimant resigned on notice, claiming the respondent had been in repudiatory breach of contract.
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Resignation with immediate effect
The claimant resigned with immediate effect after being informed that a disciplinary hearing was recommended. The respondent accepted the resignation without notice.
The legal issue
The tribunal had to decide whether the employer's conduct—including suspending the employee for breaching confidentiality, proceeding with a redundancy consultation, and handling her grievance—constituted a fundamental breach of contract that entitled her to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed all claims: constructive unfair dismissal, breach of contract relating to notice, and a redundancy payment.
Key reasons:
- The suspension was a reasonable response to the employee's breach of confidentiality and cancellation of project meetings.
- The redundancy consultation was fair and the employee chose not to participate.
- The grievance was not dealt with before resignation, but that did not amount to a fundamental breach given the circumstances.
No compensation was awarded as the claims failed.
Lessons & takeaways
- If you are in a redundancy consultation, attending meetings and applying for alternative roles can strengthen your position; refusing to engage may undermine a later constructive dismissal claim.
- Breaching confidentiality instructions during a redundancy process can lead to suspension, which a tribunal may view as a reasonable response.
- Resigning quickly after a suspension or grievance may be seen as jumping the gun; waiting for the outcome of a disciplinary or grievance process can be important.
- A constructive dismissal claim requires a fundamental breach of contract; a single act like suspension may not be enough if it is procedurally fair.
What this case shows in practice
This case illustrates the challenges of bringing a constructive unfair dismissal claim when an employee resigns during a redundancy consultation. The claimant, a Programme Delivery Manager with nine years' service, felt that the employer's actions—suspension, the redundancy process, and handling of her grievance—amounted to a breach of trust and confidence. However, the tribunal found that the employer acted reasonably in suspending her after she breached confidentiality instructions and cancelled project meetings. The redundancy consultation was fair, and the employee chose not to participate.
What the losing side could have done differently
The employer, Aster Group, could have communicated more clearly about the reasons for suspension and addressed the employee's grievance more promptly. However, the tribunal noted that the employee's own conduct—refusing to attend consultation meetings, seeking a settlement agreement, and breaching confidentiality—contributed to the situation. The employee might have been better advised to engage with the process and await the outcome of the disciplinary investigation before resigning.
Why the result matters for similar claims
This decision reinforces that constructive dismissal claims require a fundamental breach of contract by the employer. A suspension that is procedurally fair and based on reasonable grounds will not automatically amount to a breach. Employees who resign during a redundancy process should be cautious: if they have not given the employer a chance to address their concerns, the tribunal may find that the employer's conduct was not the real reason for resignation.
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