Kitchen porter wins constructive dismissal after trial role axed without notice
A kitchen porter was constructively dismissed after his employer ended a trial maintenance assistant role without warning, citing performance and lack of a driving licence. The tribunal awarded £4,311.55.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #zero-hours-contract
- #oral-variation
- #trial-period
- #driving-licence
- #failure-to-provide-written-particulars
Key facts
- The claimant was employed as a kitchen porter from 8 March 2019 under a zero-hours contract.
- On 17 June 2021, the claimant agreed orally to a trial as a maintenance assistant until November 2021, with 40 hours per week and a salary of £21,000 pro-rata.
- The claimant worked both roles from 1 July to 25 August 2021, but the respondent ended the maintenance trial on 25 August 2021 citing unsatisfactory performance and lack of a driving licence.
- The claimant resigned the same day, citing unfair treatment and breach of contract.
- The tribunal found the respondent breached the implied term of trust and confidence, entitling the claimant to resign and claim constructive unfair dismissal.
- The respondent failed to provide written particulars of the variation to the claimant's employment.
Timeline
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Employment started
Claimant began employment as a kitchen porter under a zero-hours contract.
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Interview for maintenance assistant
Claimant attended a meeting with Mr Enriquez and Mr Thorne-Farrer and agreed to a trial as a maintenance assistant until November 2021, with 40 hours per week and £21,000 salary pro-rata.
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Started maintenance work
Claimant began working as a maintenance assistant alongside kitchen porter duties.
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Claimant queried split of duties
Claimant expressed unhappiness about still doing kitchen work; respondent cited difficulty finding a replacement.
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Respondent decided to end trial
Mr Enriquez told HR the claimant was not suitable; HR re-advertised the maintenance role.
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Meeting and resignation
HR manager told claimant the maintenance trial was ended due to performance and lack of driving licence. Claimant resigned by email, citing unfair treatment.
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Claimant sent further email
Claimant detailed his complaints about lack of contract, no prior warnings, and unfair reasons.
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Grievance raised
Claimant submitted a formal grievance.
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Grievance meeting
HR manager conducted a grievance interview with the claimant.
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Grievance rejected
Respondent rejected the grievance, maintaining the trial was temporary and no separate contract existed.
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New employment started
Claimant started work as a warehouse assistant.
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Hearing
Substantive hearing held remotely via CVP.
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Judgment issued
Employment Judge N Cox issued reserved judgment finding constructive unfair dismissal and breach of contract.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed from his kitchen porter role (as varied by an oral agreement for a maintenance assistant trial) and whether that dismissal was unfair. It also considered if the employer breached the contract by failing to give notice and failing to provide written particulars of the variation.
The outcome
The tribunal ruled that the claimant was constructively dismissed from his employment as a kitchen porter (as varied by the oral trial agreement) and that the dismissal was unfair. The key reason was that the employer ended the trial role abruptly on 25 August 2021 without prior warnings or a fair process, which destroyed trust and confidence.
Compensation breakdown:
- Basic award: £732.40
- Compensatory award: £1,424.25
- Damages for wrongful dismissal (notice pay): £690.10
- Award for failure to provide written particulars: £1,464.80
- Total: £4,311.55
Lessons & takeaways
- Even zero-hours contracts can be varied by oral agreements, so employers should document any changes in writing to avoid disputes.
- Ending a trial period without giving the employee a chance to improve or providing clear reasons can amount to a breach of trust and confidence.
- Employees who resign in response to a serious breach of contract may still claim constructive dismissal, even if they were on a trial arrangement.
- Employers must provide written particulars of any changes to employment terms within one month, or face a penalty of up to four weeks' pay.
This case shows how a seemingly informal trial arrangement can create binding obligations. The claimant, a kitchen porter on a zero-hours contract, agreed orally to try a maintenance assistant role with fixed hours and salary. When the employer ended the trial after just eight weeks, citing poor performance and a missing driving licence, the tribunal found that this was done without proper process or notice.
What went wrong for the employer
East Sussex National Limited could have avoided liability by handling the trial period more carefully. The tribunal noted that the claimant was not given any warnings or a chance to improve before the trial was terminated. The employer also failed to provide written particulars of the new role, which is a legal requirement. By acting abruptly, the employer destroyed the trust and confidence needed to maintain the employment relationship.
Why this matters
For employees, this case confirms that constructive dismissal claims can succeed even when the original contract is zero-hours, provided there has been a clear variation. For employers, it is a reminder that trial periods are not a free pass to dismiss without process. Proper documentation, clear performance feedback, and a fair procedure are essential – regardless of the contract type.
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