Constructive dismissal claim fails after nurse admits resigning for a better job offer
A clinical charge nurse who resigned and later tried to withdraw his resignation lost his constructive unfair dismissal claim after telling the tribunal the only reason he resigned was a good job offer.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #clinical-charge-nurse
- #resignation-letter
- #strike-out-application
- #deposit-order
Key facts
- The claimant was employed as a clinical charge nurse from 15 March 2011 until 6 December 2021.
- He was suspended from 22 June 2021 to 14 July 2021.
- He resigned on 19 October 2021 and later sought to withdraw his resignation.
- The claimant stated at a case management hearing that the only reason he resigned was because he had a good job offer.
- The respondent applied to strike out the claim or for a deposit order, which was refused at a preliminary hearing.
- At the full merits hearing, the claim of constructive unfair dismissal was dismissed.
Timeline
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Employment started
Claimant began working as a clinical charge nurse for the respondent.
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Suspension
Claimant was suspended from work.
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Suspension lifted
Claimant's suspension was lifted.
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Resignation
Claimant resigned, stating in his resignation letter no breach of contract.
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Employment ended
Claimant's notice period expired and employment terminated.
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Case management hearing
Preliminary hearing to list issues; claimant stated he resigned only because of a good job offer.
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Strike out application refused
Employment Judge Truscott KC refused respondent's application to strike out or for a deposit order.
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Full merits hearing (day 1)
Substantive hearing of the unfair dismissal claim began.
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Judgment
Employment Judge Burge dismissed the claim of unfair dismissal.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed, which requires the employer to have committed a fundamental breach of contract that caused the employee to resign. The key question was whether the resignation was in response to such a breach.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal. The claimant, a clinical charge nurse with 10 years' service, resigned on 19 October 2021 and later sought to withdraw his resignation. At a case management hearing, he stated that the only reason he resigned was because he had a good job offer. At the full merits hearing, the tribunal found that the resignation was not in response to any breach of contract by the employer, and the claim failed.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you resign for a reason unrelated to your employer's conduct, such as a better job offer, you cannot later claim constructive dismissal based on that conduct.
- Your own statements about why you resigned can be used against you at tribunal, so be consistent and truthful from the outset.
- Seeking to withdraw a resignation does not automatically revive a constructive dismissal claim if the original resignation was not prompted by a breach of contract.
This case shows how important it is for employees to be clear about why they are resigning if they intend to bring a constructive dismissal claim. The claimant, a clinical charge nurse with a decade of service, resigned in October 2021. He later tried to withdraw his resignation and claimed that his employer's conduct had forced him out. However, at a case management hearing, he told the tribunal that the only reason he resigned was because he had a good job offer.
What the tribunal decided
The tribunal dismissed the claim because the fundamental requirement for constructive dismissal is that the employee resigns in response to a serious breach of contract by the employer. Here, the claimant's own admission showed that his resignation was not caused by any breach, but by the lure of a better job. Even if there had been a breach, the resignation was not linked to it.
What the employer did right
The respondent, South West London and St Georges Mental Health NHS Trust, successfully argued that the claimant's resignation letter made no mention of any breach, and his subsequent request to return to work undermined any suggestion that he had been forced to leave. The tribunal agreed that the claim had no reasonable prospects of success.
Why this matters
For employees considering a constructive dismissal claim, this case is a reminder that your own words matter. If you tell the tribunal you resigned for a different reason, it can be fatal to your case. For employers, it shows that a clear resignation letter and consistent employee statements can help defend against unfounded claims.
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