Team manager awarded £18,900 after removal of duties and disciplinary action
A team manager with eight years' service was constructively dismissed after his employer removed all managerial duties for over 10 months and then disciplined him for swearing. The tribunal awarded £18,923.
2 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #mutual-trust-and-confidence
- #removal-of-managerial-duties
- #disciplinary-proceedings
- #grievance-handling
- #covid-19
Key facts
- The claimant worked as a team manager from 2015 until his resignation in August 2021.
- Upon returning from furlough in September 2020, the claimant had no team to manage and was only given recruitment consultant duties.
- The respondent removed the claimant's managerial responsibilities without reasonable cause and maintained this for over 10 months.
- The respondent initiated disciplinary proceedings against the claimant for swearing at a meeting, which the tribunal found was opportunistic and without genuine belief in misconduct.
- The claimant resigned on 17 August 2021 after the respondent required him to return to work in the diminished role without resolving his grievance.
- The tribunal found the respondent breached the implied term of mutual trust and confidence, entitling the claimant to resign and claim constructive unfair dismissal.
Timeline
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Claimant started work
Claimant began working for the respondent as a recruitment consultant.
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Promoted to team manager
Claimant was promoted to team manager, managing a team of three recruitment consultants.
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Covid-19 pandemic impact
The pandemic heavily impacted the respondent's business, leading to staff reductions and furloughs.
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Claimant returned from furlough
Claimant returned to work but had no team to manage; his team had been reallocated to another manager.
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Told at risk of redundancy
Gary Bentley told the claimant he was at risk of redundancy due to workforce reduction.
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Meeting with Gary Bentley
Claimant was offered a consultant role or redundancy; he requested a managed exit with higher payment.
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Position no longer at risk
Claimant was informed his role was no longer at risk, but he was not given back his managerial duties.
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Meeting about role
Gary Bentley confirmed claimant would not manage a team until more staff were recruited; claimant agreed to go back on furlough.
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Claimant submitted grievance
Claimant submitted a formal grievance about the removal of his managerial duties and feeling humiliated.
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Return to work meeting
Meeting ended with claimant asked to leave after swearing; respondent later started disciplinary proceedings.
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Final written warning
Claimant received a final written warning for confrontational and aggressive behaviour.
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Claimant resigned
Claimant resigned with immediate effect, citing the respondent's conduct over the past year.
The legal issue
The tribunal had to decide whether the employer's conduct—removing the claimant's managerial duties, failing to resolve his grievance, and initiating disciplinary proceedings for swearing—amounted to a fundamental breach of the implied term of mutual trust and confidence, justifying his resignation as constructive dismissal.
The outcome
The tribunal upheld the claim of constructive unfair dismissal. It found that SER Staffing Limited had fundamentally breached the implied term of mutual trust and confidence by removing the claimant's managerial responsibilities without reasonable cause and maintaining that for over 10 months, and by initiating disciplinary proceedings without genuine belief in misconduct.
Compensation:
- Basic award: £4,352.00
- Compensatory award: £14,571.52
- Total: £18,923.52
Lessons & takeaways
- If you have managerial duties removed without explanation and for an extended period, this may be a fundamental breach of trust giving you the right to resign and claim constructive dismissal.
- Employers should not use disciplinary proceedings as a response to a grievance or as a way to justify a pre-existing decision to diminish an employee's role.
- A long period of inaction on a grievance can itself contribute to a finding that the employer has breached the duty of trust and confidence.
- Resigning without first exhausting internal processes does not necessarily prevent a constructive dismissal claim if the employer's conduct is sufficiently serious.
When a manager becomes a consultant without consent
This case shows what can happen when an employer unilaterally strips a long-serving manager of their core responsibilities and then uses a minor incident as grounds for discipline. The claimant, a team manager with eight years' service, returned from furlough in September 2020 to find his team had been reallocated to another manager. He was told his role was at risk of redundancy, but after that risk was lifted, he was never given his managerial duties back. For over 10 months, he worked as a recruitment consultant with no team to manage, despite raising a formal grievance.
The tribunal found that the employer had no reasonable cause for this removal. The business had been affected by the pandemic, but other managers retained their roles. The claimant's grievance was not properly addressed, and the employer's response was to offer him a choice between accepting the diminished role or redundancy—neither of which restored his position.
The disciplinary issue that sealed the breach
In May 2021, during a meeting about his return to work, the claimant swore in frustration and was asked to leave. The employer then initiated disciplinary proceedings and issued a final written warning. The tribunal described this as 'opportunistic' and found there was no genuine belief in misconduct. Combined with the prolonged removal of duties, this conduct destroyed the trust and confidence necessary for the employment relationship.
The claimant resigned in August 2021, citing the employer's conduct over the past year. The tribunal agreed that he was entitled to do so and awarded £18,923 in compensation.
What this means for similar claims
This case reinforces that constructive dismissal can arise from a course of conduct over time, not just a single dramatic event. Employees who find their role fundamentally changed without agreement should document their concerns and consider whether the employer's actions amount to a breach of trust. Employers should be aware that removing core duties without a clear business rationale, particularly when other employees in similar roles are unaffected, can be a high-risk move. Promptly and fairly addressing grievances is essential to avoid a finding of fundamental breach.
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