Specialist doctor who resigned after grievance and mediation refusal loses constructive dismissal claim
A specialist doctor who resigned after his bullying grievance was not upheld and mediation was refused has lost his constructive unfair dismissal claim. The tribunal found no fundamental breach of contract by the NHS Trust.
1 min read · Last updated 18 May 2026
Case details
- #excessive-workload
- #cesr-career-progression
- #grievance-investigation
- #mediation-refused
- #sosr-dismissal-threat
- #breakdown-of-trust
Key facts
- The claimant was a specialist doctor in care of the elderly employed by the NHS Trust from 6 July 2012 until his resignation on 16 March 2020.
- He had an excessive workload on the Duffy Suite from 2013 to 2017, causing stress absences, and was moved to Whiston Hospital in 2017.
- He raised a formal grievance in April 2019 alleging bullying and harassment by four consultants, which was not upheld after investigation.
- An independent psychologist's report found the claimant's behaviour had caused a breakdown in relationships, and mediation was refused by the consultants.
- The Trust offered the claimant a secondment or a potential dismissal for some other substantial reason; he resigned before the secondment was finalised.
- The Tribunal found no fundamental breach of contract and dismissed all claims of unfair dismissal, discrimination, victimisation, and harassment.
Timeline
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Employment commenced
Claimant started work as a specialist doctor in care of the elderly at St Helens & Knowsley Teaching Hospitals NHS Trust.
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Moved to Whiston Hospital
After stress absence due to excessive workload on Duffy Suite, claimant agreed to move to the Department for Elderly People (DMOP) at Whiston Hospital.
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Feedback from educational supervisor
Dr Horner gave claimant feedback that he was not working at consultant level; claimant reacted aggressively and requested a change of educational supervisor.
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Email alleging bullying
Claimant emailed HR Director Anne-Marie Stretch with subject 'Cry for help - I am being bullied in DMOP - please intervene'.
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Job plan review meeting
Dr Horner proposed an amended job plan; claimant was confrontational and later appealed the job plan.
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Formal grievance raised
Claimant emailed HR to raise a formal grievance alleging bullying and harassment by four consultants.
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Watson investigation report
Independent investigator Judy Watson reported that the claimant's complaints were not upheld and noted a breakdown in relationships.
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Grievance outcome meeting
Claimant was informed that his grievance was not upheld; he appealed the same day.
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Dr Lewis report provided
Claimant received the psychologist's report which found his behaviour had caused team breakdown and suggested options including secondment or potential dismissal.
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Meeting to discuss options
Dr Bassi met with claimant and his BMA representative; mediation was ruled out due to consultant refusals, and two options were presented: secondment or SOSR dismissal process.
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Claimant resigned
Claimant resigned with immediate effect, citing the respondent's conduct as leaving him no option.
The legal issue
The tribunal had to decide whether the Trust's handling of the doctor's grievance, the refusal of mediation by colleagues, and the presentation of options including dismissal amounted to a constructive dismissal, and whether there was race or age discrimination, victimisation, or harassment.
The outcome
The tribunal dismissed all claims. It found that the Trust acted reasonably in investigating the grievance and offering alternatives, and that the doctor's resignation was not in response to a fundamental breach of contract.
No compensation was awarded as the claims were not upheld.
Lessons & takeaways
- Resigning before a proposed secondment or dismissal process is finalised can undermine a constructive dismissal claim.
- A grievance outcome that does not go in your favour does not automatically amount to a breach of trust and confidence.
- An employer is not required to force colleagues to attend mediation if they refuse, as long as other reasonable options are explored.
- Lengthy and complex tribunal claims may be more difficult to win without legal representation, especially when the employer has counsel.
A breakdown in working relationships
This case shows how difficult it can be to prove constructive dismissal when an employer has followed a reasonable process, even if the employee feels they have been left with no choice but to resign. The specialist doctor had a long history of workload issues and a formal grievance alleging bullying by four consultants. The grievance was investigated independently and not upheld, but a psychologist's report concluded that the doctor's own behaviour had caused a breakdown in relationships.
What the Trust did right
The Trust offered the doctor a secondment to another department as a way forward. When mediation was refused by the consultants, the Trust did not force the issue but instead presented the doctor with two options: accept the secondment or face a potential dismissal process for 'some other substantial reason' (SOSR). The tribunal found that this was a reasonable approach, not a threat or a breach of contract. The doctor resigned before the secondment was finalised, which the tribunal saw as a premature decision.
Why the result matters
For employees considering a constructive dismissal claim, this case highlights the importance of waiting to see if an employer's proposed solution is implemented before resigning. It also shows that an employer does not have to compel unwilling colleagues to attend mediation, as long as other options are explored. The tribunal was critical of the doctor's behaviour during the hearing, noting that he was argumentative and made unsubstantiated accusations, which may have undermined his credibility. The case serves as a reminder that the tribunal will look at the overall reasonableness of the employer's actions, not just the employee's perception of unfairness.
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