Security officer who left post for breaks lost constructive dismissal claim
A security officer who resigned after being suspended for leaving his fire marshal post to visit Tesco and McDonald's during a 12-hour shift has lost his constructive unfair dismissal claim. The tribunal found the employer acted reasonably.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #suspension
- #third-party-complaint
- #fire-marshal
- #break-policy
Key facts
- The claimant was employed as a Security Officer and Fire Marshal for approximately three and a half years.
- On 27 November 2021, the claimant left his post to take breaks at Tesco and McDonald's during a 12-hour shift.
- The respondent's client, Quintain, requested the claimant's removal from the site.
- The respondent suspended the claimant and offered him an alternative location, which he rejected.
- The claimant resigned on 7 December 2021, claiming constructive unfair dismissal.
Timeline
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Employment start
Claimant began employment as a Security Officer and Fire Marshal with Pace Security Services Limited.
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Incident at Quintain site
Claimant left his fire marshal post to take breaks at Tesco and McDonald's during a 12-hour shift.
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Complaint from Quintain
Quintain reported the claimant's conduct to the respondent, requesting his removal from the site.
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Suspension
Respondent suspended the claimant pending investigation and offered alternative work, which claimant rejected.
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Resignation
Claimant resigned, claiming constructive unfair dismissal due to breach of mutual trust and confidence.
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Employment end date
Claimant's employment formally ended.
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Tribunal hearing
Full merits hearing at Watford Employment Tribunal before Employment Judge Forde.
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Judgment issued
Tribunal dismissed the claim, finding no breach of contract and that suspension was reasonable.
The legal issue
The tribunal had to decide whether the employer's suspension and investigation of the security officer, after a client complained he left his fire marshal post for breaks, amounted to a breach of mutual trust and confidence that justified his resignation.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal.
The key reason was that the employer acted reasonably: it had received a complaint from its client Quintain, was entitled to investigate, and suspension was appropriate given the client's request. The claimant's resignation was not a response to a fundamental breach of contract.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer – a reasonable suspension and investigation following a client complaint is unlikely to qualify.
- If you resign in response to a suspension, you must show the suspension itself was a breach of trust – a short suspension pending investigation is often considered reasonable.
- Leaving a designated post during a shift, even for breaks, can be a serious matter if it conflicts with your duties – check your contract and site rules.
- Third-party complaints can trigger a legitimate investigation – employers are entitled to take them seriously and act on client requests to remove staff.
A dispute over breaks
This case shows how a seemingly minor issue – taking breaks away from a designated post – can escalate into a resignation and tribunal claim. The security officer, who had worked for the company for three and a half years without any prior issues, left his fire marshal post at the Quintain site in Wembley Park to visit Tesco and McDonald's during a 12-hour shift. When Quintain complained, the employer suspended him and offered alternative work, which he rejected. He then resigned, claiming constructive unfair dismissal.
What the employer did right
The tribunal emphasised that the employer was entitled to investigate the complaint and to suspend the claimant. The suspension was not a punishment but a reasonable step while the investigation took place, especially since the client had requested the claimant's removal. The employer also offered an alternative location, which the claimant refused. The tribunal found that the employer's actions did not breach the implied duty of mutual trust and confidence – a key requirement for constructive dismissal.
Why the claim failed
For a constructive dismissal claim to succeed, the employee must show that the employer's conduct was so serious that it fundamentally breached the contract, and that the employee resigned in response to that breach. Here, the tribunal concluded that the suspension and investigation were reasonable responses to a legitimate client complaint. The claimant's resignation was premature, and the employer had not repudiated the contract. The claim was therefore dismissed.
Lessons for similar claims
This case is a reminder that constructive dismissal is a high bar. Employees considering resigning should first raise a formal grievance and give the employer a chance to address concerns. Employers, meanwhile, can take comfort that a reasonable suspension and investigation, even following a third-party complaint, will not automatically amount to a breach of trust.
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