Withdrawn job offer after informal agreement: constructive dismissal ruled unfair
A service manager who resigned after an informal job offer was withdrawn has won her constructive dismissal claim. The tribunal found the NHS trust's handling of the situation breached the implied term of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #breach-of-trust-and-confidence
- #withdrawn-job-offer
- #grievance-mishandling
- #nhs
Key facts
- The claimant was employed as a Service Manager from 15 April 2019.
- On 10 September 2019, her line manager proposed she swap roles due to concerns about her ability to cope with upcoming pressures.
- On 12 September 2019, the Chief Operating Officer offered her a role in the Delivery Unit, which she accepted.
- The Delivery Unit role was withdrawn after HR discovered it had been arranged informally.
- The claimant raised a grievance, which was partially upheld but found no discrimination.
- The claimant resigned on 22 December 2020 after the grievance appeal outcome.
Timeline
-
Employment commenced
Claimant started as Service Manager at Medway NHS Foundation Trust.
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Meeting with line manager
Mr McLaren proposed the claimant swap roles with Kelly Ratcliffe, citing concerns about her operational strength.
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Meeting with Chief Operating Officer
Mr McEnroe offered the claimant a role in the Delivery Unit, which she accepted.
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Goodbye email sent
Claimant emailed her team to say goodbye, expecting to move to the Delivery Unit.
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HR intervention
HR learned of the informal job offer and began to investigate.
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Delivery Unit role withdrawn
HR told the claimant the role did not exist and could not proceed.
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Sick leave began
Claimant was signed off work with stress and anxiety.
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Grievance raised
Claimant raised a formal grievance including allegations of race discrimination.
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Grievance outcome
Grievance partially upheld; discrimination complaints rejected.
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Grievance appeal outcome
Appeal dismissed; claimant treated comparably to comparator.
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Resignation
Claimant resigned with immediate effect.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed (unfairly and wrongfully) and whether she was subjected to direct race discrimination or harassment related to race.
The outcome
The tribunal upheld the claim of constructive wrongful dismissal against Medway NHS Foundation Trust. All other complaints, including direct race discrimination and harassment, were dismissed.
Key reasons:
- The informal offer of a Delivery Unit role by the Chief Operating Officer was withdrawn after HR intervention, leaving the claimant in limbo.
- The respondent's grievance process was flawed and took over a year to conclude, causing further distress.
- The cumulative conduct amounted to a breach of the implied term of trust and confidence.
Compensation: To be determined at a remedy hearing.
Lessons & takeaways
- Informal job offers should be formalised quickly to avoid misunderstandings and potential legal claims.
- Employers should handle grievances promptly and fairly; delays can be seen as a breach of trust and confidence.
- Employees with short service can still succeed in constructive dismissal claims if the employer's conduct is serious enough.
- Race discrimination claims require direct evidence of less favourable treatment; a flawed process alone is not enough.
A job offer that vanished
This case highlights the risks of informal job offers in the workplace. The claimant, a Service Manager with just five months' service, was offered a new role in the Delivery Unit by the Chief Operating Officer after her line manager raised concerns about her performance. She accepted and even sent a goodbye email to her team. But HR later withdrew the offer, saying the role did not exist. The claimant was left without a clear position and went on sick leave with stress.
A grievance that went nowhere
The claimant raised a grievance, alleging race discrimination and unfair treatment. The process took over a year, and although partially upheld, the discrimination complaints were rejected. The tribunal found that the grievance handling was flawed, contributing to the breakdown of trust and confidence. The claimant resigned in December 2020, citing the cumulative conduct.
What the tribunal decided
The tribunal ruled that the withdrawal of the job offer and the mishandling of the grievance amounted to a fundamental breach of contract, entitling the claimant to resign and claim constructive dismissal. However, her race discrimination claims failed because she could not show that she was treated less favourably because of her race. The case serves as a reminder that even short-serving employees can win constructive dismissal claims if the employer's conduct is serious enough, but discrimination claims require stronger evidence.
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