Medical secretary loses constructive dismissal claim after grievance investigation found no bullying
A medical secretary with 11.5 years' service resigned claiming bullying by her manager, but the tribunal found the employer's investigation was reasonable and there was no breach of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #bullying-allegations
- #grievance-investigation
- #asthma
- #trust-and-confidence
Key facts
- The claimant worked as a medical secretary from 29 March 2010 to 5 November 2021.
- The claimant alleged bullying by the practice manager, Heena Shaikh, from May to November 2021.
- The respondent investigated the claimant's grievance and found no evidence of bullying except a payslip error.
- The claimant resigned on 29 October 2021 after a request for a meeting was refused.
- The tribunal found no breach of the implied term of trust and confidence.
Timeline
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Employment started
The claimant began working as a medical secretary at East End Medical Centre.
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Incident with colleague
The practice manager intervened in a disagreement between the claimant and another staff member.
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Sick leave due to asthma
The claimant was signed off sick due to a serious asthma flare-up.
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Return to work
The claimant returned to work after sick leave.
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Complaint against claimant
Mrs Shaikh raised a formal complaint against the claimant after an email exchange.
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Remediation meeting
A meeting was held between the claimant and Mrs Shaikh, facilitated by the partners, to resolve issues.
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Claimant's formal grievance
The claimant submitted a formal grievance against Mrs Shaikh alleging bullying and other issues.
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Grievance outcome
The grievance was largely not upheld; the claimant was given the right to appeal.
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Request for meeting
The claimant requested an informal meeting with the partners to discuss her return to work.
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Resignation
The claimant resigned by email, citing the respondent's conduct.
The legal issue
The tribunal had to decide whether the employer's conduct—specifically the handling of the claimant's grievance and a refused meeting request—amounted to a fundamental breach of trust and confidence, entitling her to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal, ruling that the employer had not breached the implied term of trust and confidence.
The key reason was that the respondent's investigation into the claimant's grievance was reasonable and the grievance outcome was not a breach. The refusal of a meeting request after the grievance process had concluded did not amount to a fundamental breach.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer—a poorly handled grievance alone may not be enough.
- Employers who conduct a reasonable investigation into a grievance and communicate the outcome are likely to defend a constructive dismissal claim.
- Resigning after a grievance is rejected, without giving the employer a chance to address concerns, weakens a constructive dismissal case.
- Keep a clear record of all communications and requests—the tribunal will look at the overall conduct, not just one incident.
What this case shows in practice
This case illustrates the high bar for constructive unfair dismissal claims. The claimant, a medical secretary with over 11 years' service, resigned after alleging bullying by the practice manager. She felt the employer's investigation was inadequate and that a request for a meeting was refused, damaging trust and confidence. However, the tribunal found that the employer had carried out a reasonable investigation and that the refusal of a meeting did not amount to a fundamental breach.
What the losing side could have done differently
The claimant might have waited for the outcome of her appeal or sought to resolve matters through internal processes before resigning. The tribunal noted that the employer's conduct was not so serious as to justify walking out. For employers, this case shows that a thorough and documented grievance process can provide a strong defence against constructive dismissal claims.
Why the result matters for similar claims
This case reinforces that constructive dismissal is not about whether the employee felt bullied or let down, but whether the employer's actions were so serious that they fundamentally breached the contract. Employees considering resignation should seek legal advice first, as resigning prematurely can undermine a claim. Employers should ensure grievance procedures are fair and properly followed.
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