WhatsApp complaint post: security guard's constructive dismissal claim fails after affirming contract
A security guard who claimed constructive dismissal after his manager posted a complaint about him in a staff WhatsApp group lost his case because he delayed resigning and continued to engage with his employer.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a security guard and mental health officer at a London hospital.
- In June 2022, a member of the public made a complaint about the claimant's behaviour.
- The claimant's manager posted the complaint (with name changed) in a staff WhatsApp group before investigating.
- The claimant claimed he resigned in July 2022 due to the WhatsApp posting, but continued to engage with the employer.
- The tribunal found the claimant affirmed the contract by delaying resignation, engaging in redeployment, and applying for jobs with the respondent.
- All claims (constructive unfair dismissal, notice pay, failure to provide written particulars) were dismissed.
Timeline
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Complaint incident
A member of the public made a complaint about the claimant's behaviour at the hospital.
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WhatsApp message posted
The claimant's manager posted the complaint (with name changed to 'Michael') in a staff WhatsApp group of about 40 people, including current and former employees.
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First disciplinary meeting
The claimant attended a disciplinary meeting regarding the complaint.
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Manager meets claimant
The manager met with the claimant to discuss the complaint, nearly three weeks after the WhatsApp post.
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Second disciplinary meeting and redeployment offer
The claimant attended a second disciplinary meeting and was told no sanction would be imposed, but he would be transferred to another site. He later went to an induction at another site but was sent away.
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Union email sent
The claimant's union sent an email to the respondent alleging constructive dismissal and seeking compensation, but not explicitly stating resignation.
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Job application
The claimant applied for a job with the respondent via Indeed, knowing it was the same company.
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Redeployment call
The claimant was contacted about a potential role in Sutton and said he would call back, indicating continued interest.
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Meeting with HR
The claimant met with HR and his union representative; the union said the claimant's employment could not continue, but the claimant did not explicitly resign.
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Effective resignation
At a meeting, the claimant made clear he intended to resign; the tribunal found this was the effective date of resignation.
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Formal resignation email
The claimant emailed HR with subject 'resignation', confirming his resignation.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed after his manager posted a complaint about him in a WhatsApp group, or whether he affirmed the contract by his subsequent conduct.
The outcome
The tribunal dismissed all claims, including constructive unfair dismissal, notice pay, and failure to provide written particulars.
The key reason was that the claimant affirmed the contract by:
- Delaying resignation for nearly three months after the WhatsApp post
- Engaging in the disciplinary process and accepting a redeployment offer
- Applying for a job with the same employer via Indeed
- Continuing to communicate with HR about alternative roles
No compensation was awarded as the claims failed.
Lessons & takeaways
- If you want to claim constructive dismissal, you must resign promptly after the alleged breach – delaying too long can affirm the contract and lose your right to claim.
- Continuing to engage with your employer's processes (like redeployment or disciplinary meetings) after a breach may be seen as accepting the contract.
- Applying for other jobs with the same employer after resigning can be strong evidence that you have not actually resigned.
- A single act by a manager (like posting in a WhatsApp group) may be a breach of trust, but if you don't act on it quickly, you may lose your claim.
What this case shows in practice
This case highlights a common trap for employees who feel they have been forced out of their job. The security guard's manager posted a complaint about him in a staff WhatsApp group of about 40 people, including former employees, before investigating it. That was arguably a breach of trust and confidence – the kind of act that can found a constructive dismissal claim.
However, the claimant did not resign immediately. Instead, he attended disciplinary meetings, accepted a redeployment offer, applied for another job with the same employer via Indeed, and continued discussions with HR for nearly three months before making his resignation clear. The tribunal found that by doing so, he had 'affirmed' the contract – meaning he had chosen to continue with the employment despite the breach.
What the employer did right
Atalian Servest Security Services Limited continued to pay the claimant in full until October 2022 and honoured his holiday pay. They also made efforts to find him alternative work. This contrasted with the claimant's own conduct, which suggested he was not treating the contract as at an end.
Why the result matters
For anyone considering a constructive dismissal claim, the key lesson is timing. The law requires you to resign promptly after the breach – or at least not to delay so long that your actions show you have accepted the contract. Engaging in processes like redeployment or applying for jobs with the same employer can be fatal to your claim. This case also shows that even if an employer's conduct is poor, a tribunal will look at the whole picture, including the employee's response.
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