Constructive dismissal claim fails: no fundamental breach found after disciplinary and grievance process

What this case shows in practice

This case illustrates the high bar for constructive dismissal claims, especially where an employer has followed its own procedures. The employee, an in-store service advisor with 15 years' service, resigned after a year of stress-related sick leave, citing a disciplinary warning and a grievance process she felt was inadequate. However, the tribunal found that the employer's actions — including issuing a first written warning for failing to follow the sickness reporting procedure — were within the range of reasonable responses. The employer had also partially upheld her grievance and offered mediation, which she declined.

What the losing side could have done differently

The employee argued that the disciplinary process was unfounded and that managers bullied her, including making inappropriate comments that she covertly recorded. While the recording showed poor management behaviour, the tribunal noted that the employer had taken steps to address the grievance and offered a way forward. The employee's decision to decline mediation and remain on sick leave for a year before resigning weakened her case. A more proactive approach — such as engaging with mediation or raising concerns earlier — might have led to a different outcome.

Why the result matters for similar claims

This decision reinforces that constructive dismissal requires a fundamental breach of contract, not just poor management or workplace stress. Employers who follow fair procedures, investigate grievances, and offer solutions like mediation are likely to defend such claims successfully. For employees, the case highlights the importance of resigning promptly in response to a breach and not waiting too long, as delay can be seen as affirming the contract. The tribunal also emphasised that a long period of sick leave does not automatically make a resignation a constructive dismissal.