HSS Proservice Ltd

Case Summary

The claimant, a regional sales manager employed since 2019, claimed constructive unfair dismissal following unilateral changes to his role in February 2025, including removal of significant responsibilities and an instruction to manage a client portfolio for the first time, imposed without consultation or fair process and accompanied by threats of disciplinary action. The tribunal found that the cumulative effect of these acts, together with the final act on 28 May 2025 when the respondent maintained its position despite recognition that the issue needed resolving, constituted a repudiatory breach of the implied term of trust and confidence, justifying the claimant's resignation.

The tribunal found that the cumulative effect of the respondent's actions—removing significant elements of the claimant's role without consultation, imposing a new requirement to manage clients (contrary to his historical role and manner of appointment), and repeatedly threatening disciplinary action if he did not comply—constituted a repudiatory breach of the implied term of trust and confidence. Although the final act on 28 May 2025 alone did not amount to a repudiatory breach, the respondent's closed-minded approach, failure to engage with the claimant's legitimate concerns about the changes, and refusal to consider resolving the dispute despite recognition that this was necessary, taken cumulatively with the earlier breaches, justified the claimant's resignation.

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• •Whether removal of significant elements of the claimant's role on 17 February 2025 without consultation constituted breach of trust and confidence
• •Whether instruction to manage a portfolio of clients, contrary to the claimant's historical role, was imposed without fair process or consultation
• •Whether threats of disciplinary action in March 2025 and May 2025 if the claimant did not accept role changes constituted repudiatory breach
• •Whether the conversation on 28 May 2025 in which the claimant was given an ultimatum to accept changes constituted the final straw in constructive dismissal
• •Whether the claimant's resignation was affirmed or whether he resigned in response to repudiatory breach
• •Appropriate period for awarding loss of earnings and failure to mitigate

The full source document is available from the official publication page.