Constructive dismissal claim fails after informal complaints not pursued as grievances
An Operational Support Grade at HMP Garth who resigned after alleging bullying and poor complaint handling lost her constructive unfair dismissal claim. The tribunal found the employer acted reasonably and the complaints were not formal grievances.
2 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #operational-support-grade
- #colleague-conduct
- #informal-complaints
- #grievance-procedure
- #trust-and-confidence
Key facts
- The claimant was employed as an Operational Support Grade at HMP Garth from June 2018 to December 2020.
- She alleged that colleagues made derogatory comments and called her names on several occasions.
- The claimant made informal complaints to managers but did not submit a formal grievance.
- Managers investigated the complaints informally and advised the claimant she could pursue a formal grievance.
- The claimant resigned on 10 December 2020 after being told an investigation into her use of a car hire vehicle would proceed.
- The tribunal found that the conduct of colleagues could not be attributed to the employer and that the respondent had acted reasonably in addressing complaints.
Timeline
-
Employment started
Claimant began work as an Operational Support Grade at HMP Garth.
-
Alleged comment by Mr Pidduck
Mr Pidduck allegedly said 'this is a job for a man not a woman' and called claimant 'fucking useless'.
-
Alleged comment by Ms Banks
Ms Banks allegedly called the claimant a 'slag'. A mediation meeting was arranged but did not resolve the issue.
-
Meeting about bullying concerns
Claimant raised concerns about bullying during a meeting with Ms Heginbotham and Mr Jones. Grievance was discussed but claimant did not wish to pursue it at that time.
-
Complaint about Ms Irwin
Claimant emailed Mr Jones alleging Ms Irwin was abusive and disparaging about her back pain. Mr Jones replied outlining the grievance procedure.
-
Complaint about officers spreading rumours
Claimant emailed Ms Heginbotham about two officers making disparaging comments regarding her use of a car hire vehicle. She said she wanted a formal complaint.
-
Management meeting
Meeting notes record that claimant was happy for the issue to be dealt with at a lower level. Grievance was discussed.
-
Resignation
Claimant resigned during a meeting with Mr Lunt after being told an investigation into her use of a car hire vehicle would proceed.
-
Employment ended
Claimant's employment ended.
-
Final hearing started
Substantive hearing of the constructive unfair dismissal claim began.
-
Oral judgment given
Employment Judge Cowen gave oral judgment dismissing the claim.
-
Written reasons sent
Written reasons for the judgment were sent to the parties.
-
Reconsideration application
Claimant applied for reconsideration, arguing harassment claims should have been heard.
-
Reconsideration refused
Employment Judge Cowen refused the reconsideration application as without merit.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed, meaning whether the employer's conduct (including its response to her informal complaints) amounted to a fundamental breach of the implied term of trust and confidence, entitling her to resign.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
The key reasons were:
- The alleged derogatory comments by colleagues were not acts of the employer; the employer had taken reasonable steps to address them informally.
- The claimant did not submit a formal grievance despite being advised she could, so the employer had not failed to provide a reasonable opportunity for redress.
- The decision to investigate the claimant's use of a car hire vehicle was a reasonable management action, not a breach of contract.
No compensation was awarded as the claim failed.
Lessons & takeaways
- If you believe you have been bullied or harassed at work, consider submitting a formal written grievance to ensure the employer is on notice and must follow a proper procedure.
- Informal complaints may not be enough to establish a breach of the implied term of trust and confidence – the employer must have a reasonable opportunity to address the issue formally.
- Resigning before exhausting the employer's internal grievance procedure can weaken a constructive dismissal claim, as the tribunal may find you affirmed the contract.
- Conduct by colleagues that is not endorsed by the employer may not be attributed to the employer for the purposes of constructive dismissal.
What this case shows in practice
This case highlights the importance of using formal grievance procedures when an employee feels they are being bullied or harassed. The claimant, an Operational Support Grade at HMP Garth, alleged that colleagues made derogatory comments and called her names over a period of two years. She raised these concerns informally with managers, but never submitted a formal written grievance. When she resigned after being told an investigation into her use of a car hire vehicle would proceed, she claimed that the employer's failure to address her complaints amounted to a fundamental breach of contract.
The tribunal found that the employer had acted reasonably. Managers had investigated her informal complaints, offered mediation, and repeatedly advised her that she could pursue a formal grievance if she wished. The alleged conduct by colleagues was not attributed to the employer because there was no evidence that the employer condoned or was responsible for it. The tribunal also noted that the decision to investigate the car hire issue was a legitimate management action, not a breach of trust and confidence.
What the employer did right
The employer's response to the claimant's informal complaints was key to defeating the claim. Managers met with the claimant, listened to her concerns, and offered her the option of a formal grievance procedure. They did not ignore her complaints or dismiss them out of hand. By providing a reasonable opportunity for redress, the employer avoided a finding that it had fundamentally breached the employment contract.
Why this matters for similar claims
For employees considering a constructive dismissal claim, this case is a reminder that informal complaints may not be enough. To establish a breach of the implied term of trust and confidence, the employer must have acted (or failed to act) in a way that is likely to destroy or seriously damage the relationship. If the employer offers a proper avenue for redress, such as a formal grievance procedure, and the employee does not use it, a tribunal is likely to find that the employer has not breached the contract. Resigning without giving the employer a fair chance to put things right can be fatal to a claim.
Similar cases
Remote worker's constructive dismissal claim fails over grievance handling
A Sales Administrator with 11 years' service resigned after a workplace argument and poor communication, but the tribunal found no fundamental breach of contract or discrimination.
Area manager's constructive dismissal claim fails after resignation by email
An area manager with 8 years' service resigned by email after his grievance was rejected. The tribunal found he was not constructively dismissed because the employer's conduct did not amount to a fundamental breach of trust and confidence.
National Sales Manager loses constructive dismissal claim over bonus plan dispute
A National Sales Manager who resigned after a bonus plan dispute and alleged bullying has lost her claims for constructive unfair dismissal and unlawful deductions from wages. The tribunal found no breach of trust and confidence.
Midwife wins constructive dismissal after trust's 'grossly inadequate' grievance investigation
A midwife with three years' service was constructively dismissed after her employer's failure to properly investigate her bullying complaint. The tribunal awarded £1,717, including an ACAS uplift.