Back
Get in Touch Menu

Constructive dismissal & delayed resignation

20 March 2024

Constructive dismissal and delayed resignation can prove to be difficult situations for some employers. Our team of experts look into a case that could help when looking to tackle issues like these.

Mr Leaney was a lecturer and halls warden at the University of Loughborough for over 40 years.

In January 2019, Mr Leaney was put under disciplinary investigation due to concerns over how he handled a situation in one of his designated halls of residence. The investigation found that there was “no formal case to answer”.

There was then a long series of communication between the legal representatives of Mr Leaney and the university about the matter, as well as the possibility of mediation. On 29 June 2019, the university stated that it did not want to discuss the matter any further and that “the time to discuss [Mr Leaney’s] role of warden had passed.

Discussions of mediation continued to take place, but a meeting was never organised. As a result Mr Leaney resigned on 28 September 2019, relying on this failure as the “last straw.”

The tribunal concluded that he had affirmed his contract of employment by waiting three months to resign, and therefore his constructive unfair dismissal claim failed.

However, on appeal, the Employment Appeal Tribunal (EAT) held that the delay did not constitute affirmation. The EAT considered that the delay was concurrent with the university’s summer holidays and a period of illness, and the fact that Mr Leaney had over 40 years’ service.

As such, a longer decision time was justifiable. Additionally, as there were ongoing mediation discussions, the delay allowed more time for the matter to be resolved. As a result, the claim was remitted back to the tribunal.

What does this mean?

When dealing with a constructive dismissal claim, it is important to assess the individual circumstances of a case before assuming that delay means affirmation of the contract of employment, especially where an employee has long service.

If your business needs help with constructive dismissal, delayed resignation or any other matter, our employment law team can help.

Contact us

Our Legal 500-rated employment law team are experts in guiding businesses of all sizes and backgrounds through a range of issues that may arise, whether that’s redundancy and staff reorganisation, restrictions on competition post-employment, protecting confidential business information, employment and consultancy contracts and more.

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Hayley Ainsworth BA, MSc
Associate, solicitor
View profile
Related services
Share this article
Resources to help

Related articles

Home Office begins eVisa rollout

Employment & business immigration

The Home Office has started to roll out eVisas, with their aim being to have replaced physical visas or biometric residence permits (BRPs) by 2025. The Home Office has started…

Hayley Ainsworth BA, MSc
Associate, solicitor

Flexible working is here to stay from 6 April 2024

Employment & business immigration

From 6 April, flexible working laws are changing, making it easier for employees to make statutory flexible working requests. The Employment Relations (Flexible Working) Act 2023 will make the following…

Hayley Ainsworth BA, MSc
Associate, solicitor

Business Immigration: Significant changes to take place in April 2024

Employment & business immigration

Last December, the Home Secretary announced a five-point plan to reduce immigration in the UK, with most measures to be implemented early this year. Tomorrow, these significant changes to business…

Klára Grmelová MGR (LLM Czech)
Solicitor
Contact us