Care worker's constructive dismissal claim succeeds after ambush disciplinary meeting

This case shows how a breakdown in fair process can turn a routine workplace meeting into the final straw for an employee. The care worker, who had been employed since 2016, had experienced ongoing tensions with a colleague and had two medication errors in September 2019. When she was called to a meeting on 25 September, she believed it was a supervision session. Instead, she was faced with disciplinary allegations without prior notice and was not allowed to be accompanied. She resigned the same day.

What the employer did wrong

The respondent, Pallotine Missionary Sisters of the Catholic Apostolate, had legitimate concerns about the care worker's performance. But the way they handled the 25 September meeting was the critical error. The tribunal found that the meeting was effectively a disciplinary hearing, yet the employer gave no advance warning and denied the right to accompaniment. This was a fundamental breach of the implied term of trust and confidence. Even though the employer had tried to manage workplace tensions earlier, this procedural failure was decisive.

Why the result matters

This case is a reminder that constructive dismissal claims often hinge on the final incident rather than a long history of grievances. The tribunal applied a Polkey reduction of 50%, meaning there was a significant chance the care worker would have been fairly dismissed if proper process had been followed. It also applied a 20% reduction for contributory fault, reflecting her own conduct. The final award of £8,903.96 reflects these deductions. For employees, the key takeaway is that a fundamentally unfair meeting can be the basis for a claim, even if there were performance issues. For employers, it underscores the importance of following proper disciplinary procedures at all times.