A truck driver’s constructive dismissal claim failed after his employer withdrew a company van and required vehicles to stay at the depot, with the WRC finding no contractual breach or unreasonable conduct.

The Complainant was employed by the Respondent as a truck driver from June 2019 until February 2025. He submitted that, during his employment, he had always been permitted to bring his truck home overnight and that, from January 2024, he was also provided with a company van for commuting. Relying on this arrangement, he sold his own personal vehicle. While he was on sick leave between November 2024 and February 2025, the Respondent removed the van and altered the long-standing verbal agreement by instructing him not to bring the truck home at night. When he attempted to return to work, he was told that the truck was required for night-shift drivers and that no van was available. He stated that this left him with no viable means of commuting to work and forced him to rely on his daughter for lifts. He contended that the Respondent’s actions fundamentally changed his working arrangements and left him with no alternative but to resign, amounting to a constructive unfair dismissal.

The Respondent denied that the Complainant had resigned or been dismissed and maintained that he simply walked out in February 2025 and remained on the books. It stated that the Complainant had been instructed not to bring the truck home after safety concerns arose about trailers being left on public roads and because the vehicle was required for night-shift operations. The use of a company van for commuting was described as a temporary and conditional arrangement, dependent on availability. The Respondent submitted that, following the Complainant’s sick leave, no vans were available and he was informed that he would need to make his own way to the depot. Despite this, vehicle tracking showed that the Complainant continued to take the truck home against instructions. When challenged, he stated that commuting without a van was not workable and left the workplace after returning the keys. The Respondent argued that there was no breach of contract, no unreasonable conduct, and no attempt by the Complainant to raise a grievance or resolve the issue before leaving.

The Adjudicating Officer considered the claim under the statutory definition of constructive dismissal and the established “contract” and “reasonableness” tests. It was found that the Complainant bore a high burden of proof and was required to demonstrate either a fundamental breach of contract or conduct so unreasonable as to make continued employment intolerable. The Adjudicator accepted that the Respondent was entitled to require trucks to be left at the depot for operational and safety reasons and that the provision of a van was not a contractual entitlement but a conditional arrangement. The evidence did not support the assertion that the Complainant had no personal means of transport. The Complainant had not exhausted internal procedures, raised a formal grievance, or afforded the Respondent an opportunity to address his concerns before leaving. The Adjudicator concluded that the Respondent’s conduct was not unreasonable and did not amount to a repudiatory breach. Accordingly, the Complainant had not acted reasonably in leaving his employment, and the claim of constructive unfair dismissal was not well founded.

Employers should:

• Ensure that long-standing working arrangements, particularly those involving transport or other benefits, are clearly documented and communicated as either contractual entitlements or discretionary arrangements. Ambiguity can give rise to misunderstandings and disputes when operational needs change. 
  
  
• Communicate any changes clearly, explain the business rationale, and allow employees an opportunity to raise concerns. Even where management decisions are operationally justified, engaging in dialogue can reduce the risk of claims that changes were imposed unreasonably. Employers should encourage employees to use internal grievance procedures. 
  
  
• Maintain accurate records, including instructions given to employees, operational requirements, and any temporary accommodations made.

The full case can be found here.