Constructive dismissal claim fails: no breach of trust and confidence at GP practice
A clinical administrator who resigned after a return-to-work dispute lost her constructive dismissal and disability discrimination claims. The tribunal found no breach of the implied term of trust and confidence.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Clinical Administrator from 16 January 2017.
- The respondent accepted the claimant was disabled due to anxiety and depression.
- The claimant was absent from work from 11 February 2020 to 16 March 2020 and self-isolated from 18 March to 8 April 2020 due to COVID-19.
- The claimant resigned on 2 August 2020 after being invited to an investigatory meeting.
- The tribunal found no breach of the implied term of trust and confidence and no discrimination.
- The victimisation claim was brought out of time and not extended.
Timeline
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Employment started
Claimant commenced employment as a Clinical Administrator on a fixed-term contract.
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Permanent contract
Claimant was given a permanent contract for 16 hours per week.
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Sickness absence began
Claimant went on sick leave due to anxiety and depression.
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First lockdown
England entered the first COVID-19 lockdown.
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Return to work
Claimant returned to work after sickness absence and self-isolation.
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Phone call with Rosie Duke
Rosie Duke called claimant to discuss work issues; claimant later said she was too anxious to come to work.
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Fit note for stress
Claimant was certified as not fit for work due to work-related stress.
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Grievance submitted
Claimant submitted a grievance against Tony Martin and Rosie Duke.
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Resignation
Claimant resigned, citing that she was being forced to leave.
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Grievance outcome
Dr Draghici wrote to claimant with grievance outcome, rejecting her complaints.
The legal issue
The tribunal had to decide whether the employer's conduct during the claimant's return to work and grievance process amounted to a fundamental breach of contract, constructive unfair dismissal, disability discrimination, or victimisation for intending to bring a discrimination claim.
The outcome
The tribunal dismissed all claims. It found that the employer's actions, including the return-to-work interview and management style, did not breach the implied term of trust and confidence. The disability discrimination claims failed because the treatment was not because of her disability or something arising from it. The victimisation claim was brought out of time and not extended.
No compensation was awarded as all claims were dismissed.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer; feeling forced to resign is not enough.
- Disability discrimination claims must show that the alleged treatment was because of the disability, not just that it occurred during a period of sickness.
- Victimisation claims must be brought within three months of the alleged act; delays can be fatal.
- Employers can avoid claims by maintaining clear communication and following fair procedures during return-to-work and grievance processes.
A return to work that led to resignation
The claimant, a part-time clinical administrator at a GP practice, had been off work with anxiety and depression. After returning in April 2020, she felt she was treated differently by managers. She alleged that the practice manager shouted at her, made demeaning remarks, and that she was subjected to overbearing supervision. She also said she was denied training opportunities and given an old laptop. After a phone call with a deputy manager in July 2020, she felt unable to come to work and submitted a grievance. She resigned shortly after, believing she was being forced out.
The tribunal listened to a recording of the phone call and reviewed the evidence. It concluded that the managers' actions were not a breach of the implied term of trust and confidence. The return-to-work interview, while direct, was not unreasonable. The claimant's perception of being ignored or over-managed was not supported by the evidence. The tribunal also found that the claimant's disability was not the reason for any of the alleged treatment.
What the employer did right
The practice had a clear grievance procedure and responded to the claimant's complaints. The grievance outcome, issued after her resignation, rejected her complaints. The tribunal noted that the employer had accepted her disability and made some adjustments, such as allowing her to work from home during the pandemic. The key for the employer was that its actions were within the range of reasonable responses, and there was no evidence of discrimination.
Why this case matters
This case shows that not every difficult return-to-work situation amounts to constructive dismissal or discrimination. Employees who feel they have been forced to resign must show that the employer's conduct was so serious that it destroyed the trust and confidence in the relationship. Tribunals will look at the whole picture, including the employer's response to grievances and any adjustments made. For employees, it is a reminder that the threshold for constructive dismissal is high, and that discrimination claims must be linked to the disability itself, not just to a period of sickness.
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