Support worker's constructive dismissal claim over PPE concerns fails
A support worker who resigned after raising COVID-19 PPE concerns lost her constructive dismissal and whistleblowing claims. The tribunal found no breach of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
- #protected-disclosure
- #disability-discrimination
- #reasonable-adjustments
- #covid-19
- #ppe-shortage
- #grievance-procedure
- #whistleblowing-policy
Key facts
- The claimant was employed as a support worker from 2004/2005 until she resigned on 2 April 2020.
- The respondent accepted that the claimant had made protected disclosures in emails on 30 and 31 March 2020.
- The respondent accepted that the claimant was disabled due to anxiety, stress and depression.
- The claimant resigned after seeing changes to the rota for support workers, which she believed would harm service users.
- The respondent investigated the claimant's concerns under its grievance procedure and found them unsubstantiated.
- The tribunal found no breach of the implied term of trust and confidence and no detriment on grounds of protected disclosures.
Timeline
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Employment start
Claimant began employment as a support worker at Birch Lodge, a supported living property run by the respondent.
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Occupational health report
An occupational health report noted the claimant's anxiety symptoms; she received counselling facilitated by the respondent.
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Service user DS had symptoms
DS had a temperature of 37.4; the claimant was concerned about COVID-19 but the on-call advice was that it did not meet the threshold.
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First protected disclosure email
Claimant emailed Mr Cooper and Ms Clark raising concerns about lack of PPE and the advice given on 29 March.
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Second protected disclosure email
Claimant emailed again, reiterating concerns about PPE and staff safety.
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Resignation
Claimant saw the new rota, spoke to Ms Clark, and then resigned by email, giving four weeks' notice.
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Respondent accepted resignation
Ms Parkinson emailed the claimant, accepting her resignation and stating she would not be required to work her notice.
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Claimant requested whistleblowing investigation
Claimant emailed Ms Parkinson, requesting that her concerns be investigated under the whistleblowing policy.
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Investigation outcome letter
Ms Scarbrough-Lang sent a letter summarising the investigation, concluding that none of the concerns were substantiated.
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Appeal outcome
Mr Alcock upheld the original decision after an appeal hearing.
The legal issue
The tribunal had to decide whether the employer's actions amounted to a constructive dismissal, whether the worker suffered a detriment for making protected disclosures, and whether the employer failed to make reasonable adjustments for her disability.
The outcome
The tribunal dismissed all claims.
- The worker resigned after seeing a new rota she believed would harm service users. The tribunal found no evidence that the employer had breached the implied term of trust and confidence.
- The employer investigated her concerns under its grievance procedure and found them unsubstantiated. The tribunal held that this was a reasonable response and not a detriment.
- The worker's disability (anxiety, stress, depression) was accepted, but the tribunal found no failure to make reasonable adjustments.
Lessons & takeaways
- Resigning and claiming constructive dismissal is a high-risk strategy – you must show the employer committed a fundamental breach of contract.
- Raising genuine concerns about safety does not automatically protect you if the employer responds reasonably.
- Employers who follow a proper grievance process and investigate concerns thoroughly are likely to defeat whistleblowing claims.
- Disability discrimination claims require evidence that the employer knew or ought to have known of the need for adjustments and failed to provide them.
A resignation that didn't amount to constructive dismissal
This case shows the difficulty of winning a constructive dismissal claim when the employer has acted reasonably throughout. The support worker, who had 15-16 years' service, resigned after seeing changes to the rota that she believed would harm service users. She had previously raised concerns about PPE shortages during the early days of the COVID-19 pandemic – concerns that the employer accepted were protected disclosures.
However, the tribunal found that the employer's response was not a fundamental breach of contract. The employer investigated the worker's concerns under its grievance procedure, interviewed relevant staff, and concluded that the concerns were unsubstantiated. The worker appealed, and the appeal was also dismissed. The tribunal held that this process did not destroy trust and confidence.
What the employer did right
The employer could have handled the situation differently – for example, by involving the worker more in the investigation or by addressing her concerns more promptly. But the tribunal found that the employer's actions were within the range of reasonable responses. The worker's resignation was a reaction to a new rota, but the employer had a legitimate operational reason for the change, and there was no evidence that it was imposed to punish her for raising concerns.
Why this matters for similar claims
This case is a reminder that constructive dismissal claims require a very high threshold. The worker must show that the employer's conduct was so serious that it went to the root of the contract. Even where the worker has made protected disclosures and has a disability, the employer's reasonable response can defeat the claim. Workers considering resignation should seek legal advice first, as resigning without a clear breach can leave them without a remedy.
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