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Employment4 min read28 April 2026

My Manager Made My Life Hell Until I Quit — Is That Constructive Dismissal?

Based on: Western Excavating (ECC) Ltd v Sharp [1978] QB 761 · View judgment

The Scenario

An employee with 3 years of service was repeatedly humiliated by their line manager in front of colleagues, excluded from team meetings, given no meaningful work, and had a formal grievance dismissed without investigation. They resigned and claimed constructive dismissal.

The Conversation

This is how Case Buddy would handle this scenario — the same experience you get on the platform.

You

I have worked for the same company for over three years. For the past year, my line manager has been making my life difficult. He regularly criticises my work in front of the whole team, excludes me from meetings I should be part of, assigns my projects to colleagues without telling me, and has made several comments about how I am "not a team player." I raised a formal grievance three months ago and HR dismissed it without interviewing any witnesses. I cannot take it any more and I am thinking about resigning. Can I claim constructive dismissal?

Case Buddy

Thank you for explaining what you have been through. This sounds genuinely distressing, and you are right to be thinking carefully about your legal position before acting. To help me understand your situation fully — when you say the grievance was "dismissed without interviewing any witnesses," does that mean HR simply told you there was nothing to investigate, or did they carry out some form of investigation but just not speak to the witnesses you identified?

You

HR sent me a one-paragraph email saying they had reviewed my grievance and found no evidence of misconduct by my manager. They did not speak to me again, did not speak to my colleagues who witnessed the incidents, and did not ask me for any further information.

Case Buddy

Here is the legal position on constructive dismissal: Constructive dismissal under Section 95(1)(c) of the Employment Rights Act 1996 occurs when an employee resigns in response to a fundamental breach of contract by the employer. The leading test comes from Western Excavating v Sharp [1978]: the employer’s breach must be a significant breach going to the root of the contract, or one showing the employer no longer intends to be bound by an essential term. **The implied term of mutual trust and confidence:** Every employment contract contains an implied term that the employer will not act in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence. Repeated public humiliation, exclusion from meetings, removal of work, and dismissal of a grievance without any genuine investigation can each be evidence of a breach of this term. The cumulative effect is assessed — not just individual incidents. **Your specific position:** - Repeated public criticism by a manager in front of colleagues is capable of being a breach of the trust and confidence term - Excluding you from relevant meetings and reassigning your work without explanation compounds this - Dismissing your formal grievance without speaking to witnesses or to you further is arguably a failure to follow a fair procedure, which in itself can be a breach of contract - Taken together, the conduct over the past year may well amount to a fundamental breach **What you must do if you resign:** - Resign **promptly** after the last act you rely on. If you wait too long, you may be taken to have affirmed (accepted) the breach - Your resignation letter should make clear that you are resigning in response to the employer’s conduct and treating the contract as repudiated - Name the conduct specifically in the letter **Time limit:** You must contact ACAS for Early Conciliation within 3 months less one day of your effective date of termination. Take advice before resigning — constructive dismissal cases are fact-specific and the advice of an employment solicitor before you act can significantly strengthen your position. *This is legal information, not legal advice. For advice specific to your circumstances, consult a qualified solicitor.*

The Correct Legal Position

  • Constructive dismissal under s.95(1)(c) ERA 1996 requires a fundamental breach of contract by the employer.
  • Every employment contract contains an implied term of mutual trust and confidence — breach of this term can support a constructive dismissal claim.
  • Cumulative conduct (a series of acts) can amount to a fundamental breach even if no single act would do so alone.
  • The employee must resign promptly after the last act and make clear in the resignation letter that they are treating the contract as repudiated.

What the Court Decided

Under Western Excavating principles, persistent bullying, public humiliation, and a sham grievance process can cumulatively breach the implied term of mutual trust and confidence. Modern employment tribunals apply this analysis to find constructive dismissal where the cumulative conduct is serious enough and the resignation is prompt.

Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).

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