January 27, 2026
The Claimant was employed by the Respondent as a Live Cable Joiner and Overhead Linesman from November 2010 until their resignation in April 2025. Their claim for constructive dismissal arose from personal difficulties following the promotion of their former spouse to team leader in a different department in 2023. This promoted role placed the former spouse within close proximity to the Claimant’s line manager. The Claimant alleged that this arrangement caused them significant discomfort and that their former spouse accessed their time-off records and used them to her advantage.
On 7 August 2023, the Claimant raised their concerns with HR by email, citing a potential conflict of interest. HR requested further details, which the Claimant provided but no substantive action was taken thereafter. The Claimant continued working for the Respondent for a further 19 months before resigning on 18 March 2025. In their resignation letter the Claimant stated that working near their former spouse was detrimental to their mental health and unsafe given the nature of their role which involve dealing with live electricity.
The Tribunal considered whether the Respondent’s conduct amounted to a fundamental breach of contract, specifically the implied term of mutual trust and confidence and whether the Claimant resigned in response to that breach without affirming the contract. The Tribunal found that the promotion of the Claimant’s former spouse was not unreasonable and did not breach the implied term of mutual trust and confidence, particularly as the Claimant acknowledged that the promotion was deserved. Whilst the Tribunal noted that the Respondent’s failure to follow up on the Claimant's complaint was regrettable, it held that this omission was not so serious as to destroy the employment relationship. Furthermore, the Claimant’s delay of 19 months between raising their concerns and resigning constituted affirmation of the contract which was fatal to the claim.
This case reinforces that personal discomfort, however genuine, does not amount to a legal breach absent unreasonable employer conduct.
The Claimant was employed by the Respondent as a Live Cable Joiner and Overhead Linesman from November 2010 until their resignation in April 2025. Their claim for constructive dismissal arose from personal difficulties following the promotion of their former spouse to team leader in a different department in 2023. This promoted role placed the former spouse within close proximity to the Claimant’s line manager. The Claimant alleged that this arrangement caused them significant discomfort and that their former spouse accessed their time-off records and used them to her advantage.
On 7 August 2023, the Claimant raised their concerns with HR by email, citing a potential conflict of interest. HR requested further details, which the Claimant provided but no substantive action was taken thereafter. The Claimant continued working for the Respondent for a further 19 months before resigning on 18 March 2025. In their resignation letter the Claimant stated that working near their former spouse was detrimental to their mental health and unsafe given the nature of their role which involve dealing with live electricity.
The Tribunal considered whether the Respondent’s conduct amounted to a fundamental breach of contract, specifically the implied term of mutual trust and confidence and whether the Claimant resigned in response to that breach without affirming the contract. The Tribunal found that the promotion of the Claimant’s former spouse was not unreasonable and did not breach the implied term of mutual trust and confidence, particularly as the Claimant acknowledged that the promotion was deserved. Whilst the Tribunal noted that the Respondent’s failure to follow up on the Claimant's complaint was regrettable, it held that this omission was not so serious as to destroy the employment relationship. Furthermore, the Claimant’s delay of 19 months between raising their concerns and resigning constituted affirmation of the contract which was fatal to the claim.
This case reinforces that personal discomfort, however genuine, does not amount to a legal breach absent unreasonable employer conduct.
The Claimant was employed by the Respondent as a Live Cable Joiner and Overhead Linesman from November 2010 until their resignation in April 2025. Their claim for constructive dismissal arose from personal difficulties following the promotion of their former spouse to team leader in a different department in 2023. This promoted role placed the former spouse within close proximity to the Claimant’s line manager. The Claimant alleged that this arrangement caused them significant discomfort and that their former spouse accessed their time-off records and used them to her advantage.
On 7 August 2023, the Claimant raised their concerns with HR by email, citing a potential conflict of interest. HR requested further details, which the Claimant provided but no substantive action was taken thereafter. The Claimant continued working for the Respondent for a further 19 months before resigning on 18 March 2025. In their resignation letter the Claimant stated that working near their former spouse was detrimental to their mental health and unsafe given the nature of their role which involve dealing with live electricity.
The Tribunal considered whether the Respondent’s conduct amounted to a fundamental breach of contract, specifically the implied term of mutual trust and confidence and whether the Claimant resigned in response to that breach without affirming the contract. The Tribunal found that the promotion of the Claimant’s former spouse was not unreasonable and did not breach the implied term of mutual trust and confidence, particularly as the Claimant acknowledged that the promotion was deserved. Whilst the Tribunal noted that the Respondent’s failure to follow up on the Claimant's complaint was regrettable, it held that this omission was not so serious as to destroy the employment relationship. Furthermore, the Claimant’s delay of 19 months between raising their concerns and resigning constituted affirmation of the contract which was fatal to the claim.
This case reinforces that personal discomfort, however genuine, does not amount to a legal breach absent unreasonable employer conduct.
The Claimant was employed by the Respondent as a Live Cable Joiner and Overhead Linesman from November 2010 until their resignation in April 2025. Their claim for constructive dismissal arose from personal difficulties following the promotion of their former spouse to team leader in a different department in 2023. This promoted role placed the former spouse within close proximity to the Claimant’s line manager. The Claimant alleged that this arrangement caused them significant discomfort and that their former spouse accessed their time-off records and used them to her advantage.
On 7 August 2023, the Claimant raised their concerns with HR by email, citing a potential conflict of interest. HR requested further details, which the Claimant provided but no substantive action was taken thereafter. The Claimant continued working for the Respondent for a further 19 months before resigning on 18 March 2025. In their resignation letter the Claimant stated that working near their former spouse was detrimental to their mental health and unsafe given the nature of their role which involve dealing with live electricity.
The Tribunal considered whether the Respondent’s conduct amounted to a fundamental breach of contract, specifically the implied term of mutual trust and confidence and whether the Claimant resigned in response to that breach without affirming the contract. The Tribunal found that the promotion of the Claimant’s former spouse was not unreasonable and did not breach the implied term of mutual trust and confidence, particularly as the Claimant acknowledged that the promotion was deserved. Whilst the Tribunal noted that the Respondent’s failure to follow up on the Claimant's complaint was regrettable, it held that this omission was not so serious as to destroy the employment relationship. Furthermore, the Claimant’s delay of 19 months between raising their concerns and resigning constituted affirmation of the contract which was fatal to the claim.
This case reinforces that personal discomfort, however genuine, does not amount to a legal breach absent unreasonable employer conduct.