18-year finance officer wins constructive dismissal after unfair re-grading and ignored grievance
A finance and commissioning officer with 18 years' service was constructively dismissed after Hertfordshire County Council unfairly re-graded her role and failed to properly consider her grievance. The tribunal awarded £66,476.86.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant worked for the respondent for 18 years in a finance and commissioning role.
- The respondent re-graded the claimant's role unfairly, leading to her constructive dismissal.
- The claimant resigned in September 2022 and found equivalent employment starting 5 June 2023.
- The respondent failed to properly consider the claimant's grievance, breaching the ACAS code.
- The tribunal applied a 20% Polkey deduction and a 10% ACAS uplift.
Timeline
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Claimant resigned
The claimant resigned from her position due to the respondent's unfair re-grading process.
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Claimant started applying for jobs
The claimant began actively applying for positions after updating her CV and registering with agencies.
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Claim presented
The claimant presented her claim for unfair and wrongful dismissal.
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Claimant started new job
The claimant commenced a new equivalent role with another employer.
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Liability hearing day 1
The tribunal heard evidence on liability for unfair and wrongful dismissal.
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Liability judgment
The tribunal found the claimant was unfairly and wrongfully dismissed.
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Remedy hearing
The tribunal heard evidence and submissions on remedy.
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Remedy judgment
The tribunal issued its remedy judgment awarding £66,476.86.
The legal issue
The tribunal had to decide whether the claimant was constructively and unfairly dismissed, and if so, the appropriate compensation for loss of earnings, pension contributions, and other benefits.
The outcome
The tribunal found that the claimant was unfairly and wrongfully dismissed. The council's re-grading process was unfair, and it failed to properly consider her grievance, breaching the ACAS code.
Compensation breakdown:
- Basic award: £16,273.50
- Compensatory award: £42,908.00
- ACAS uplift (10%): applied to compensatory award
- Polkey deduction (20%): applied to compensatory award
- Total: £66,476.86
Lessons & takeaways
- If you have long service, a fair re-grading process is crucial — any unfairness can support a constructive dismissal claim.
- Failing to properly consider a grievance can be a breach of the ACAS code, leading to an uplift in compensation of up to 25%.
- Keep a detailed record of your job search efforts — the tribunal will consider whether you mitigated your loss when calculating compensation.
- Resigning in response to a fundamental breach of contract can be a valid option, but you must act promptly and not delay too long.
What this case shows in practice
After 18 years working for Hertfordshire County Council as a finance and commissioning officer, the claimant was faced with an unfair re-grading of her role. The process left her feeling undervalued and undermined, and when her grievance about the matter was not properly considered, she felt she had no choice but to resign. The tribunal agreed that the council's actions amounted to a fundamental breach of contract, making her constructive dismissal unfair.
What the losing side could have done differently
The council could have avoided this outcome by conducting a fair and transparent re-grading process, involving the claimant and giving her a genuine opportunity to challenge any changes. Properly investigating and responding to her grievance would also have been key — the tribunal noted that the council's failure to do so breached the ACAS code, leading to a 10% uplift on the compensatory award.
Why the result matters for similar claims
This case highlights the importance of fair procedures in re-grading exercises, especially for long-serving employees. It also shows that a failure to properly handle a grievance can be a significant factor in a constructive dismissal claim. The tribunal's approach to mitigation of loss — accepting that a long-serving employee may take time to adjust to the job market — is also notable, as it may encourage claimants to pursue claims even if they have not immediately found new work.
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