Constructive dismissal claim struck out: senior employee's case had no reasonable prospect
A senior local government employee's constructive dismissal claim against Liverpool City Council was struck out after he admitted the employer's conduct was not calculated to destroy trust and confidence.
1 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #strike-out
- #no-reasonable-prospect
- #mutual-trust-and-confidence
- #enhanced-early-retirement
- #workplace-pressure
Key facts
- The claimant resigned from his employment with Liverpool City Council.
- The claimant claimed constructive unfair dismissal based on pressure and refusal of enhanced early retirement.
- The claimant admitted the employer's conduct was not calculated to destroy trust and confidence.
- The tribunal found no reasonable prospect of establishing a fundamental breach of contract.
- The claim was struck out under Rule 37(1)(a).
Timeline
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Strike out hearing
The Employment Tribunal heard the respondent's application to strike out the claimant's unfair constructive dismissal claim.
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Judgment given
Employment Judge Buzzard struck out the claim as having no reasonable prospect of success.
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Judgment sent to parties
The written judgment was sent to the parties.
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Written reasons signed
Employment Judge Buzzard signed the written reasons for the judgment.
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Reasons sent to parties
The written reasons were sent to the parties.
The legal issue
The tribunal had to decide whether the employee's claim of constructive unfair dismissal should be struck out because it had no reasonable prospect of success. For a resignation to be a constructive dismissal, the employee must show that the employer committed a fundamental breach of the implied term of mutual trust and confidence.
The outcome
The tribunal struck out the claim under Rule 37(1)(a) as having no reasonable prospect of success.
The key reason was that the senior employee admitted that the employer's conduct was not calculated to destroy trust and confidence. The tribunal found that even taking the employee's case at its highest, there was no reasonable prospect of establishing a fundamental breach of contract.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If you are bringing a constructive dismissal claim, you must be able to show that your employer committed a fundamental breach of the implied term of mutual trust and confidence.
- Admitting that your employer's conduct was not calculated to destroy trust and confidence can be fatal to your claim.
- Tribunals can strike out claims at an early stage if they have no reasonable prospect of success, even before a full hearing.
- It is risky to bring a constructive dismissal claim without clear evidence of a fundamental breach.
This case shows the high bar that employees must clear to bring a successful constructive dismissal claim. The senior employee resigned from Liverpool City Council and claimed that pressure from managers and the refusal of enhanced early retirement amounted to a breach of the implied term of mutual trust and confidence. However, he admitted that the employer's conduct was not calculated to destroy trust and confidence — a key element of the legal test.
What the tribunal decided
The tribunal granted the employer's application to strike out the claim at a preliminary hearing. It found that even taking the employee's case at its highest, there was no reasonable prospect of establishing a fundamental breach of contract. The employee's own admission undermined the very basis of his claim.
What the employee could have done differently
The employee might have avoided the strike-out by not making that admission. More fundamentally, he needed to show that the employer's conduct — the pressure and the refusal of early retirement — was so serious that it fundamentally undermined the employment relationship. Without that, the claim had no chance of success.
Why this matters
This case is a reminder that employment tribunals have the power to strike out weak claims early, saving time and costs. For employees considering a constructive dismissal claim, it is essential to understand the legal test and to have evidence that the employer's conduct was calculated or likely to destroy trust and confidence. An admission that the conduct was not calculated to do so can be fatal.
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