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.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed as a Sales Administrator from 20 September 2011 until her resignation on 20 May 2022.
- She worked remotely from home in St Austell and was the only female employee.
- In November 2021, an argument between two colleagues caused her distress and she raised a formal grievance.
- The respondent investigated the grievance and provided a report, but did not implement recommended mediation or training.
- The claimant resigned on 20 April 2022, citing lack of communication and feeling surplus to requirements.
- The tribunal found no fundamental breach of contract and no discrimination related to age or sex.
Timeline
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Employment started
Claimant began working as a Sales Administrator for Launch Tech UK Limited.
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Office argument
An argument occurred between Mark Dunk and Martyn Ingham, which the claimant overheard and found upsetting.
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Grievance raised
Claimant submitted a formal grievance about Mark Dunk's behaviour.
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Grievance investigation meetings
HR advisers held meetings including with the claimant.
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Grievance report issued
HR report concluded most complaints not upheld, but recommended mediation and training.
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Claimant chased response
Claimant emailed Mr Richards about delay; he provided the report the same day.
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Resignation letter
Claimant resigned with four weeks' notice, citing lack of communication and feeling surplus.
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Respondent invited reconsideration
Mr Richards asked claimant to reconsider resignation; she declined.
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Employment ended
Claimant's resignation took effect.
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ACAS early conciliation started
Claimant initiated early conciliation.
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Claim presented to tribunal
Claimant filed her claim for unfair constructive dismissal and discrimination.
The legal issue
The tribunal had to decide whether the employer's handling of a grievance and subsequent communication failures amounted to a fundamental breach of contract entitling the employee to resign and claim constructive unfair dismissal, and whether those actions were discriminatory on grounds of age or sex.
The outcome
The tribunal dismissed all claims. It found that while the employer did not implement all recommendations from the grievance report (mediation and training), this did not breach the implied term of trust and confidence. The claimant resigned because she felt surplus to requirements and communication was poor, but the employer had not acted in a way that fundamentally undermined the contract.
No compensation was awarded as the claims failed entirely.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer; poor communication or delayed action may not be enough.
- Employers should follow through on grievance recommendations to avoid claims, but a failure to do so does not automatically mean a breach of trust and confidence.
- Remote workers should ensure they raise concerns about communication or isolation formally, as informal complaints may not establish a breach.
- Discrimination claims need evidence linking treatment to a protected characteristic; feeling isolated as the only female employee is not sufficient without direct evidence of less favourable treatment.
When a grievance goes unresolved
This case highlights the difficulty of proving constructive dismissal when an employer's response to a grievance is slow or incomplete, but not fundamentally destructive of the working relationship. The claimant, a Sales Administrator who had worked remotely for over a decade, resigned after a heated office argument between two colleagues left her distressed. She raised a formal grievance, which was investigated and partially upheld, but the employer did not implement the recommended mediation or training.
What the tribunal decided
The tribunal accepted that the claimant felt isolated and undervalued, but concluded that the employer's actions did not amount to a fundamental breach of contract. The grievance was investigated, a report was provided (albeit with some delay), and the employer invited her to reconsider her resignation. There was no evidence that the employer intended to repudiate the contract or that communication failures were so severe as to destroy trust and confidence. The tribunal also rejected the discrimination claims, noting that the claimant's treatment was not linked to her age or sex, and that being the only female employee did not, on its own, establish less favourable treatment.
What could have been done differently
The employer could have avoided the claim entirely by implementing the grievance recommendations promptly and maintaining better communication with a remote worker. However, the tribunal found that the employer's conduct, while not perfect, fell within the range of reasonable responses. For employees, this case underscores that constructive dismissal claims require a clear, fundamental breach — not just dissatisfaction with how a grievance is handled. If you are considering resigning and claiming constructive dismissal, it is vital to gather evidence that the employer's conduct made it impossible to continue working, and to raise concerns formally before resigning.
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