Architectural assistant loses constructive dismissal claim over bullying allegations
An architectural assistant who resigned claiming bullying by his manager has lost his unfair dismissal case. The tribunal found the employer's grievance process was reasonable and the final straw was not a breach of contract.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as an Architectural Assistant from 10 May 2018 to 20 May 2022.
- The claimant resigned with immediate effect on 20 May 2022, alleging constructive dismissal due to bullying by his manager, Ms Conway.
- The tribunal found that Ms Conway raised her voice on two occasions but did not bully the claimant.
- The respondent conducted a reasonable grievance investigation and appeal, which did not uphold the bullying allegations.
- The claimant's final straw was a disagreement over the grievance appeal meeting notes, which the tribunal found was not a repudiatory breach.
- All claims for unfair dismissal, wrongful dismissal, holiday pay, and arrears of pay were dismissed.
Timeline
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Employment commenced
Claimant started work as an Architectural Assistant for HGP Architects Ltd.
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January 2020 incident
Ms Conway shouted at the claimant about a schedule, saying it should not take so long.
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February 2020 incident
Ms Conway raised her voice and told the claimant to 'go faster' while he was working.
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October 2020 incident
Ms Conway expressed frustration about the claimant's work on a fire strategy drawing.
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August 2021 incident
Ms Conway used the phrase 'hit list' in reference to the claimant's work, which he interpreted as a threat of dismissal.
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Performance email
Ms Conway sent an email criticising the claimant's work on a parking strategy document.
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November 2021 incident
Ms Conway compared the claimant's work to another employee's, saying 'I know comparing is not great but look at this'.
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Informal meeting with Mr Williams
Claimant raised concerns about Ms Conway's behaviour; Mr Williams suggested options including changing teams or leaving.
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Grievance raised
Claimant submitted a formal grievance alleging bullying by Ms Conway.
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Grievance outcome
Investigation by Mr Evans concluded that bullying was not substantiated; recommendations were made.
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Appeal report issued
Mr Hussey's appeal report was sent to the claimant without an agreed meeting note, which the claimant considered a breach.
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Resignation
Claimant resigned with immediate effect, citing cumulative bullying and the failure to agree the meeting note as the last straw.
The legal issue
The tribunal had to decide whether the employer's conduct, including alleged bullying by the manager and the handling of the grievance, amounted to a fundamental breach of the implied term of trust and confidence, entitling the employee to resign and claim constructive dismissal.
The outcome
The tribunal dismissed all claims for unfair dismissal, wrongful dismissal, holiday pay, and arrears of pay.
The key reasons were:
- The manager's behaviour (raising her voice on two occasions) did not constitute bullying.
- The employer conducted a reasonable grievance investigation and appeal, which did not uphold the bullying allegations.
- The final straw – a disagreement over the grievance appeal meeting notes – was not a repudiatory breach of the implied term of trust and confidence.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- A single raised voice or moment of frustration is unlikely to amount to bullying or a breach of trust and confidence, especially if it is not part of a pattern.
- Employers who carry out a reasonable grievance investigation and appeal process can defend against constructive dismissal claims based on mishandled complaints.
- The 'last straw' must be a genuine breach of contract – a disagreement over meeting notes is unlikely to be sufficient to justify resignation.
- Employees considering a constructive dismissal claim should ensure they have clear evidence of a fundamental breach before resigning.
When a grievance process can protect an employer
This case shows that an employer's reasonable handling of a grievance can be a strong defence against a constructive dismissal claim. The architectural assistant alleged bullying by his manager over several incidents spanning two years, including raised voices and critical feedback. However, the tribunal found that the manager's conduct did not cross the line into bullying – it was performance management, albeit delivered in a direct manner.
The employer investigated the grievance thoroughly, appointing a manager to hear the complaint and a separate appeal officer. Neither upheld the bullying allegations, though recommendations were made. The tribunal accepted that this process was reasonable, meaning the employer had not breached the implied term of trust and confidence.
The importance of the 'last straw'
The claimant's final straw was a dispute over the notes of his grievance appeal meeting. He argued that the employer's failure to agree the notes amounted to a breach. The tribunal disagreed, noting that this was a minor procedural disagreement, not a fundamental breach of contract. This highlights that the 'last straw' must be more than a trivial issue – it must be capable of contributing to a breakdown in trust and confidence.
What this means for similar claims
For employees, this case is a reminder that constructive dismissal claims are difficult to win. The bar for a repudiatory breach is high, and employers who follow fair procedures will often be protected. For employers, it demonstrates the value of a robust grievance process – even if the employee disagrees with the outcome, a reasonable investigation can defeat a claim. The key is to act promptly, impartially, and to give the employee a fair hearing at every stage.
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