Constructive dismissal claim fails: resignation after grievance not upheld
A Regulatory Officer with 10 years' service resigned claiming constructive dismissal after her grievance was not upheld. The tribunal found no breach of trust and confidence and dismissed the claim.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #implied-term-trust-and-confidence
- #grievance-procedure
- #workload-dispute
- #alternative-role-offer
Key facts
- Claimant was employed from 5 March 2012 to 30 November 2022 as a Regulatory Officer.
- Claimant raised a grievance on 29 March 2022 which was not upheld.
- Claimant resigned on 30 November 2022 claiming constructive dismissal.
- The tribunal found no repudiatory breach of contract by the respondent.
- The claim for unfair dismissal was dismissed.
Timeline
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Employment start
Claimant commenced employment as a Regulatory Assistant.
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Promotion to Grade 3
Claimant's role changed to Regulatory Officer, Grade 3.
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Duly made process period
Claimant was mainly responsible for the 'duly made' process from September 2020 to January 2021.
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Sick leave start
Claimant was signed off sick by her GP.
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Request for role change
Claimant told Mr Lines she did not wish to return to her PRRS role.
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Alternative role offered
Respondent offered a role in International Waste Shipment, which claimant later refused.
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Alternative role refused
Claimant refused the alternative role and remained on sick leave.
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Grievance raised
Claimant raised a grievance against five individuals.
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Grievance outcome
Dr Matthews informed claimant that none of the complaints were upheld.
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Appeal dismissed
Appeal against grievance outcome was dismissed.
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Resignation
Claimant resigned without notice.
The legal issue
The tribunal had to decide whether the employer's actions – including the handling of workload concerns, a grievance, and an alternative role offer – breached the implied term of trust and confidence, entitling the employee to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
The key reason was that the employer had not committed a repudiatory breach of contract. The grievance was properly investigated and not upheld, the alternative role offer was reasonable, and there was no evidence that the employer intended to destroy or seriously damage the trust and confidence relationship.
No compensation was awarded as the claim failed.
Lessons & takeaways
- A grievance that is properly investigated and not upheld is unlikely to be a breach of trust and confidence, even if the employee disagrees with the outcome.
- Offering an alternative role during sickness absence can demonstrate a reasonable approach by the employer.
- Resigning without first allowing the employer to address concerns may weaken a constructive dismissal claim.
- Length of service alone does not guarantee a finding of constructive dismissal if the employer's conduct is reasonable.
This case shows that a constructive dismissal claim requires a fundamental breach of contract by the employer – not just a disagreement with how a grievance was handled or a feeling of being unsupported. The employee, a Regulatory Officer with 10 years' service, resigned after her grievance about workload and colleagues was not upheld. She argued that the employer's failure to address her concerns and the offer of an alternative role amounted to a breach of trust and confidence.
What the tribunal considered
The tribunal examined whether the employer's actions – including the grievance process, the offer of a different role, and the handling of workload – were so unreasonable that they destroyed the trust and confidence relationship. It found that the employer had acted reasonably: the grievance was investigated by a decision manager and an appeal manager, the alternative role was at the same grade, and there was no evidence of a deliberate campaign to undermine the employee.
Why the claim failed
The key lesson is that constructive dismissal is a high bar. The employee must show that the employer's conduct was a repudiatory breach – that is, so serious it goes to the root of the contract. Here, the tribunal concluded that the employer's actions, while perhaps not perfect, did not meet that threshold. The employee's resignation was therefore not a dismissal in law.
For employees considering a similar claim, this case highlights the importance of giving the employer a chance to resolve issues through proper channels, and of not resigning prematurely. For employers, it confirms that a fair grievance process and a willingness to consider alternative roles can help defend against constructive dismissal claims.
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