Part-time scheduler's constructive dismissal claim against Medway NHS Trust fails
A part-time endoscopy scheduler with 9 years' service lost her constructive unfair dismissal claim after the tribunal found no fundamental breach of contract by Medway NHS Foundation Trust.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant worked part-time as a band 4 endoscopy scheduler from 2013 until her resignation in July 2021.
- In May 2020, her role scheduling for the Will Adams Treatment Centre was given to two full-time employees due to increased workload from the COVID-19 pandemic.
- The claimant's relationship with managers Ms Arneil and Ms Weeks deteriorated from mid-2020, leading to mutual antipathy.
- The tribunal found that only 11 of the 28 factual allegations were partly or wholly made out, and none were related to age or part-time status.
- The claimant resigned on 7 July 2021, citing feeling undervalued and victimised, but the tribunal found no fundamental breach of contract.
Timeline
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Claimant started as band 4 endoscopy scheduler
The claimant began working part-time (Mondays and Tuesdays) as a scheduler in the endoscopy department.
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Ms Weeks appointed as band 4 scheduler
Ms Weeks was appointed as a full-time band 4 scheduler, which the claimant believed was due to nepotism.
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Claimant's WATC role removed
Due to COVID-19, the claimant's scheduling work for the Will Adams Treatment Centre was given to two full-time employees, Ms Weeks and Ms Meade.
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Ms Weeks promoted to interim band 5 role
Ms Weeks was appointed interim operational support coordinator, further straining her relationship with the claimant.
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Management changes announced
An email announced Ms Arneil's promotion to service manager and Ms Weeks' interim promotion, which the claimant viewed as nepotism.
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Informal complaints about Ms Weeks
Five team members, including the claimant, made informal complaints about Ms Weeks' management to Ms Arneil.
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Team meetings moved to Thursdays
Monthly team meetings were moved from Tuesday to Thursday, a day the claimant did not work, because Ms Weeks had training on Tuesdays.
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Notice of improvement for phone use
Ms Weeks issued the claimant a notice of improvement for personal mobile phone use after a 10-minute call about gym membership.
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Claimant resigned
The claimant emailed her resignation, stating she felt undervalued and victimised, giving four weeks' notice.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed, subjected to age discrimination or harassment, or treated less favourably as a part-time worker, based on a series of alleged incidents from 2020 to 2021.
The outcome
The tribunal rejected all claims, including constructive unfair dismissal, age discrimination, harassment, and less favourable treatment of a part-time worker.
Key reasons:
- Only 11 of 28 factual allegations were partly or wholly made out, and none related to age or part-time status.
- The tribunal found no fundamental breach of contract that would justify resignation.
- The claimant's relationship with managers had deteriorated, but this was due to mutual antipathy, not discrimination.
No compensation was awarded as all claims failed.
Lessons & takeaways
- To succeed in a constructive dismissal claim, you must show your employer committed a fundamental breach of contract that left you no choice but to resign.
- A breakdown in working relationships, without evidence of discrimination or breach of contract, is unlikely to support a constructive dismissal claim.
- Tribunals will scrutinise whether alleged incidents are linked to a protected characteristic like age or part-time status; general dissatisfaction is not enough.
- Resignation should be the last resort after raising grievances and giving the employer a chance to remedy the situation.
A claim that unravelled under scrutiny
A part-time band 4 endoscopy scheduler with nine years' service at Medway NHS Foundation Trust resigned in July 2021, claiming she felt undervalued and victimised. She brought claims for constructive unfair dismissal, age discrimination, harassment, and less favourable treatment as a part-time worker. After a five-day hearing, the tribunal dismissed all her complaints.
The case illustrates the high bar for constructive dismissal claims. The tribunal found that only 11 of the 28 alleged incidents were partly or wholly made out, and none were linked to age or part-time status. While the claimant's relationship with managers Ms Arneil and Ms Weeks had deteriorated, the tribunal attributed this to "mutual antipathy" rather than any fundamental breach of contract by the trust.
What the trust did right
The trust was able to show that its actions, such as moving team meetings to a day the claimant did not work and issuing a notice of improvement for personal phone use, were based on operational needs or conduct concerns, not discrimination. The tribunal noted that the claimant had not raised a formal grievance, which undermined her claim that the situation was intolerable.
Why this matters
This case serves as a reminder that not every workplace dispute amounts to a constructive dismissal. Employees considering resigning and claiming constructive dismissal should ensure they have clear evidence of a fundamental breach of contract, such as a serious failure to follow policies or discriminatory treatment. Simply feeling undervalued or having a difficult relationship with managers is unlikely to be enough.
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