Claimant v Southampton City Council
Outcome
Individual claims
The tribunal found no fundamental breach of the implied term of trust and confidence. The claimant's concerns (lack of grievance advice, no OH referral, alleged breach of confidentiality, insufficient support on return, and a comment by her manager) were not, individually or cumulatively, conduct calculated or likely to destroy trust and confidence. The claimant's resignation was caused by receipt of a foster care investigation report on 24 November 2022, not by her employer's conduct in her employment role. The necessary causal link between the alleged breaches and the resignation was not established.
Facts
The claimant was a long-serving MET worker for Southampton City Council who also became a foster carer for three children. A Section 47 investigation was commenced in August 2022 concerning her foster care, causing her significant stress. She was signed off sick and later returned on a phased basis in November 2022. She alleged her employer failed to support her on return, did not refer her to occupational health, and her manager made an insensitive comment after an Ofsted meeting. She resigned on 28 November 2022 after receiving a report from the fostering team.
Decision
The tribunal dismissed the constructive dismissal claim. It found that the respondent's conduct did not amount to a fundamental breach of the implied term of trust and confidence. The claimant's line manager was supportive throughout, a phased return was arranged, and occupational health was under consideration. The real reason for the claimant's resignation was the fostering investigation report received on 24 November 2022, not the employer's conduct in her employment capacity.
Practical note
A supportive employer relationship and ongoing remedial actions (such as arranging OH and phased returns) will defeat a constructive dismissal claim where the true cause of resignation is an external factor unrelated to the employment relationship itself.
Legal authorities cited
Statutes
Case details
- Case number
- 1401293/2023
- Decision date
- 5 August 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- MET Worker (missing, exploited and trafficked children)
- Service
- 18 years
Claimant representation
- Represented
- No