Constructive dismissal after 27 years: how a flawed grievance and a promotion broke trust
A health and safety manager with 27 years' service won his constructive unfair dismissal claim against Weetabix after the company mishandled his grievance, promoted his alleged bully, and delayed an occupational health referral.
1 min read · Last updated 18 May 2026
Case details
- #bullying-and-harassment
- #grievance-handling
- #occupational-health-delay
- #promotion-during-grievance
- #appeal-process-flawed
- #dignity-at-work-policy
Key facts
- Mr Mobbs was employed by Weetabix from 29 September 1993 to 11 June 2020, latterly as UK Health, Safety and Environmental Manager.
- Mr Petre, Mr Mobbs' line manager, used offensive and abusive language towards and in the presence of Mr Mobbs on multiple occasions.
- Weetabix's grievance investigation into Mr Mobbs' complaint against Mr Petre was delayed and flawed, failing to properly apply the Dignity at Work Policy.
- Mr Petre was promoted to director while the grievance investigation was ongoing, which the tribunal found likely to damage trust and confidence.
- The appeal process was informal, with no notes taken and not all issues addressed.
- The Occupational Health referral was delayed due to errors by Mr Benham, and the reasons for referral were misrepresented to Mr Mobbs.
Timeline
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Employment started
Mr Mobbs began working for Weetabix.
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Promoted to Health and Safety Manager
Mr Mobbs was appointed UK Health, Safety and Environmental Manager.
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Verbal resignation retracted
Mr Mobbs offered his resignation due to Mr Petre's management style but retracted after Mr Petre agreed to change.
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Abusive language incidents
Mr Petre used offensive language towards Mr Mobbs and colleagues on several occasions, including April, July, September, and October 2019.
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Safety incident discussion
Mr Petre raised his voice and accused Mr Mobbs of jeopardising commercial interests during a conversation about plant safety.
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Grievance raised
Mr Mobbs submitted a formal grievance against Mr Petre.
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Mr Petre promoted
Weetabix announced Mr Petre's promotion to Supply Chain and Technical Director while the grievance was ongoing.
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Grievance outcome
Ms Morton issued the grievance outcome, not upholding any of Mr Mobbs' complaints.
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Appeal hearing
Mr O'Dwyer held an appeal hearing with Mr Mobbs, adopting an informal approach without taking notes.
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Appeal outcome
Mr O'Dwyer sent the appeal outcome letter, not upholding the appeal.
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OH appointment
Mr Mobbs had a telephone appointment with an AXA nurse, who referred to 'challenging conversations'.
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Resignation
Mr Mobbs resigned with immediate effect, citing bullying and harassment and unfair grievance handling.
The legal issue
The tribunal had to decide whether Weetabix's actions — including the handling of a grievance, the promotion of the manager complained about, and delays in an occupational health referral — amounted to a breach of the implied term of trust and confidence, and whether the employee resigned in response to that breach, making it a constructive dismissal.
The outcome
The tribunal upheld the claim of constructive unfair dismissal. It found that Weetabix's conduct, taken as a whole, was calculated or likely to destroy the relationship of trust and confidence.
Key reasons:
- The grievance investigation was flawed: it failed to properly apply the Dignity at Work Policy and was delayed.
- Promoting Mr Petre to director while the grievance was ongoing was likely to damage trust.
- The appeal process was informal, with no notes taken and not all issues addressed.
- The occupational health referral was delayed and the reasons for it were misrepresented to the employee.
No compensation was awarded at this stage; a remedy hearing will follow.
Lessons & takeaways
- Promoting a manager while they are the subject of a live grievance can be a clear breach of trust, especially if it undermines the grievance process.
- A flawed grievance investigation — including delays, failure to follow internal policies, and inadequate appeal processes — can form the basis of a constructive dismissal claim.
- Delaying an occupational health referral and misrepresenting the reasons for it can be the 'last straw' that justifies resignation.
- Long-serving employees (27 years in this case) are entitled to expect a robust and fair process when they raise concerns about bullying or harassment.
A 27-year career undone by process failures
This case shows how a series of procedural missteps, rather than a single dramatic event, can destroy the trust that underpins a long employment relationship. The employee, a UK Health, Safety and Environmental Manager with 27 years' service at Weetabix, had endured what he described as bullying and abusive language from his line manager, Mr Petre. When he raised a formal grievance, the company's response was slow, flawed, and — in the tribunal's view — fundamentally unfair.
What went wrong at Weetabix
The tribunal identified several key failures. First, the grievance investigation was not conducted promptly or properly; it failed to apply the company's own Dignity at Work Policy. Second, while the grievance was still ongoing, Weetabix promoted Mr Petre to director — a move the tribunal found was likely to damage trust and confidence. Third, the appeal process was informal, with no notes taken and key issues left unaddressed. Finally, an occupational health referral was delayed, and when it happened, the reasons were misrepresented to the employee, leaving him to believe the referral was about 'challenging conversations' rather than his health concerns.
Why this matters for similar claims
For anyone considering a constructive dismissal claim, this case highlights the importance of the cumulative effect of an employer's actions. The tribunal did not rely on any single breach but on the overall picture: a pattern of poor handling of a grievance, a promotion that undermined the process, and a flawed occupational health referral. It also shows that long-serving employees — particularly those in senior roles — are entitled to expect a thorough and fair process when they raise concerns. Employers should take note: promoting a manager mid-grievance, delaying medical referrals, and conducting informal appeals can all contribute to a finding of constructive dismissal.
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