Senior contracts manager resigned after being asked to carry out repair work: constructive dismissal claim fails
A senior contracts manager who resigned after being instructed to carry out a repair job for Kier failed to prove he was dismissed or that he made protected disclosures. The tribunal found he resigned voluntarily and his race discrimination claims were out of time or unsubstantiated.
1 min read · Last updated 18 May 2026
Case details
- #public-interest-disclosure
- #race-discrimination
- #unfair-dismissal
- #constructive-dismissal
- #statement-of-particulars
- #firas-scheme
- #kier-contract
Key facts
- The claimant was a senior contracts manager employed from 1 April 2016.
- The claimant resigned on 16 July 2020 after being instructed to carry out a repair job for Kier.
- The claimant alleged he was dismissed by a text message on 19 July 2020, but the tribunal found he resigned.
- The claimant made no protected disclosures; his concerns about the Kier job were not qualifying disclosures.
- The claimant's race discrimination claims were either out of time or failed on the merits.
- The respondent provided a draft statement of employment particulars, which the claimant refused to sign.
Timeline
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Claimant started full-time employment
The claimant began full-time employment as a contracts manager with Fire Integrity Limited.
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WhatsApp message about future
Mr Mullaney sent a WhatsApp message outlining a vision for the claimant to take over the business in the future.
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Draft contract sent
The respondent sent a draft contract of employment to the claimant via Mentor HR service.
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Kier repair instruction
The claimant was instructed to carry out repairs to fire protection at a hospital site for Kier.
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Site visit
The claimant visited the site and raised concerns about the work.
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Claimant resigned
After further emails and WhatsApp messages, the claimant stated 'I quit' in an email. The respondent accepted the resignation.
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Return of company property requested
Mr Mullaney asked the claimant to return company items. The claimant complied.
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Meeting with Mr Kelly
The claimant met Mr Kelly to discuss exit terms; he did not raise any complaint about dismissal.
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Claimant's letter
The claimant sent a letter alleging dismissal and seeking compensation.
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ACAS early conciliation started
The claimant contacted ACAS to begin early conciliation.
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Claim issued
The claimant issued his claim in the employment tribunal.
The legal issue
The tribunal had to decide whether the claimant was dismissed or resigned, whether he made protected disclosures, and whether he suffered race discrimination.
The outcome
The tribunal dismissed all claims. It found that the claimant resigned on 16 July 2020 after being instructed to carry out a repair job for Kier. The claimant's allegations that he was dismissed by text message were rejected. The tribunal also found that the claimant did not make any protected disclosures; his concerns about the Kier job were not qualifying disclosures. His race discrimination claims were either out of time or failed on the merits. The respondent had provided a draft statement of employment particulars, so that claim also failed.
No compensation was awarded.
Lessons & takeaways
- If you resign, you must show that your employer's conduct was so serious that you had no choice but to leave – simply disagreeing with an instruction is unlikely to be enough.
- To claim whistleblowing protection, you must make a 'protected disclosure' that is in the public interest – raising concerns about a specific job may not qualify.
- Race discrimination claims must be brought within three months of the act complained of; delays can be fatal to your case.
- Employers should ensure they provide a written statement of employment particulars within two months of the start of employment.
A resignation, not a dismissal
This case shows the importance of distinguishing between a resignation and a dismissal. The claimant, a senior contracts manager with six years' service, resigned after being asked to carry out a repair job for Kier. He later claimed he was dismissed by a text message, but the tribunal found that his email stating 'I quit' was a clear resignation. The respondent accepted it, and the claimant did not raise any complaint about dismissal in a subsequent meeting.
Whistleblowing and discrimination claims
The claimant also alleged that he was automatically unfairly dismissed for making protected disclosures and that he suffered race discrimination. However, the tribunal found that his concerns about the Kier job were not qualifying disclosures – they were not in the public interest. His race discrimination claims were either brought out of time or failed on the merits. The tribunal noted that the claimant had not raised any issues about race during his employment.
What the respondent did right
Fire Integrity Limited provided a draft contract of employment to the claimant in 2018, which satisfied the requirement for a statement of employment particulars. The respondent also acted reasonably in accepting the claimant's resignation and arranging for the return of company property. The tribunal found no evidence of any unfair or discriminatory treatment.
Key takeaway
This case is a reminder that employees who resign cannot later claim constructive dismissal unless the employer's conduct was truly unbearable. It also highlights the strict time limits for discrimination claims and the need for disclosures to be in the public interest to qualify for whistleblowing protection.
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