Cleaner complaint and grievance process: constructive dismissal claim fails
A customer service representative who resigned claiming constructive dismissal after a cleaner's complaint and a failed grievance has lost her case. The tribunal found no fundamental breach of trust and confidence.
1 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #disciplinary-process
- #grievance
- #third-party-complaint
- #s111A-meeting
- #trust-and-confidence
Key facts
- The claimant was employed as a Customer Service Representative from 17 July 2017 to 6 July 2022.
- In June 2021, the claimant was subject to a disciplinary investigation regarding three allegations, which resulted in no formal sanction.
- On 9 March 2022, a cleaner complained that the claimant swore at her; the respondent investigated.
- The claimant raised a grievance on 2 April 2022, which was partially upheld.
- The claimant resigned on 7 June 2022, citing constructive dismissal.
- The tribunal found that the respondent's conduct did not amount to a fundamental breach of the implied term of trust and confidence.
Timeline
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Employment started
Claimant began working for the respondent as a Customer Service Representative.
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Investigation meeting
Claimant attended a fact-finding meeting regarding four allegations; three were taken to a disciplinary hearing.
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Disciplinary hearing
Claimant attended a disciplinary hearing; no formal sanction was imposed, but training and a performance improvement plan were recommended.
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Disciplinary outcome
Claimant was told no disciplinary action would be taken, but training and support were recommended.
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Cleaner complaint
A cleaner alleged the claimant swore at her; the respondent began an investigation.
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Investigation meeting with Mrs Roethenbaugh
Claimant attended a fact-finding meeting with Mrs Roethenbaugh regarding the cleaner incident.
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s111A meeting invitation
Claimant was invited to a 'catch-up' meeting which was intended as a protected conversation to discuss termination; she declined.
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Grievance submitted
Claimant submitted a formal grievance against Mrs Roethenbaugh and the senior management team.
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Grievance hearing
Claimant attended a grievance hearing with Mr Brown.
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Grievance outcome
Mr Brown partially upheld the grievance, noting a breakdown in relationships but not upholding most allegations.
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Resignation
Claimant resigned, claiming constructive dismissal.
The legal issue
The tribunal had to decide whether the employer's actions—investigating a third-party complaint, conducting a meeting intended as a protected conversation, and partially upholding a grievance—amounted to a fundamental breach of contract, entitling the employee to resign and claim constructive dismissal.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal.
- The employer's investigation into the cleaner's complaint was reasonable and proportionate.
- The meeting on 29 March 2022, though described as a 'catch-up,' was a legitimate attempt at a protected conversation under s.111A ERA 1996.
- The grievance process was fair and partially upheld, showing the employer took the employee's concerns seriously.
- Overall, the employer did not breach the implied term of trust and confidence, so there was no constructive dismissal.
Lessons & takeaways
- Employers can investigate third-party complaints without automatically breaching trust and confidence, provided the investigation is reasonable.
- Protected conversations under s.111A can be used to discuss termination without fear of it being used as evidence of a breach.
- A partially upheld grievance can demonstrate that an employer has taken concerns seriously, reducing the risk of a constructive dismissal finding.
- Employees should be cautious about resigning before the outcome of a grievance process, as doing so may undermine a constructive dismissal claim.
This case shows the importance of context when an employee feels pushed to resign. The claimant, a customer service representative with five years' service, resigned after a series of events: a disciplinary investigation in 2021 that ended without sanction, a complaint from a cleaner in March 2022, and a subsequent meeting that she felt was a 'set-up' for dismissal. She raised a grievance, which was partially upheld, but resigned before it was fully resolved.
What the tribunal looked at
The tribunal examined each alleged breach. It found that the 2021 disciplinary process was fair and resulted in no sanction. The 2022 cleaner complaint was investigated reasonably—the employer had to look into it. The meeting on 29 March was intended as a protected conversation under s.111A to discuss ending employment, which is lawful. The grievance was handled properly and partially upheld, showing the employer listened.
Why the claim failed
The key point was that no single act, nor the cumulative effect, destroyed trust and confidence. The employer acted within its rights to investigate complaints and hold protected conversations. The claimant resigned too early, before the grievance process concluded. The tribunal concluded that a reasonable employer could have acted similarly, so there was no constructive dismissal.
What this means for similar claims
For employees, this case highlights that resigning during an ongoing grievance can be risky—the tribunal may see it as premature. For employers, it confirms that investigating third-party complaints and using protected conversations are legitimate tools, as long as they are handled fairly. The outcome underscores that constructive dismissal requires a fundamental breach, not just dissatisfaction with management actions.
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