Constructive dismissal claim by long-serving NHS night manager fails
A clinical night manager with 35 years' service resigned over health and safety concerns during the pandemic. The tribunal found the trust did not breach her contract and dismissed her claim.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #covid-19-pandemic
- #nhs
- #long-service
- #failure-to-escalate
- #informal-complaints
Key facts
- The claimant was employed from July 1986 until 6 June 2021 as a clinical night manager.
- She resigned on 18 January 2021 giving 4.5 months' notice, citing lack of support and health and safety concerns.
- The claimant raised concerns informally via WhatsApp and night reports but did not use formal grievance or whistleblowing procedures.
- The tribunal found the respondent did not breach the implied term of trust and confidence.
- The context of the COVID-19 pandemic was considered in assessing the respondent's actions.
Timeline
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Employment started
Claimant began working for Walsall Healthcare NHS Trust as a registered general nurse.
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Last appraisal
Claimant's last performance appraisal took place in March 2018.
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Team member seconded
Nicola Dixon was removed from the clinical site team to act as interim matron, not replaced.
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COVID-19 pandemic began
NHS under extreme strain; emergency measures introduced including temporary twilight support for claimant.
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Risk assessment conducted
Ms. Dixon carried out a risk assessment for the office; claimant raised concerns about screens and walkways.
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Claimant emailed risk assessment concerns
Claimant emailed Ms. Dixon about office safety and her personal risk assessment; no further discussion occurred.
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Claimant off sick with COVID-19
Claimant contracted COVID-19 from her daughter and was absent from work.
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Conversation with colleague
Claimant spoke to Amanda Digennaro, learned no changes to working environment, decided to resign.
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Resignation submitted
Claimant emailed resignation to Ms. Dixon and sent detailed letter to Ned Hobbs citing concerns.
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Last day of employment
Claimant's employment ended after serving 4.5 months' notice.
The legal issue
The tribunal had to decide whether the trust's failure to provide adequate support and address health and safety concerns was so serious that it destroyed the trust and confidence between employer and employee, justifying a resignation and a claim for constructive unfair dismissal.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal. It found that the trust had not breached the implied term of trust and confidence. The claimant resigned after raising concerns informally via WhatsApp and night reports, but did not use the formal grievance or whistleblowing procedures. The tribunal considered the extreme pressure on the NHS during the pandemic and concluded that the trust's response was reasonable in the circumstances. No compensation was awarded as the claim failed.
Lessons & takeaways
- If you have serious concerns at work, use your employer's formal grievance procedure rather than relying on informal channels like WhatsApp or night reports.
- Constructive dismissal claims require a fundamental breach of contract by the employer – simply feeling unsupported may not be enough, especially during extraordinary circumstances like a pandemic.
- Long service does not automatically mean a tribunal will find in your favour; the focus is on the employer's conduct and whether it was reasonable in the context.
- Serving a long notice period after resigning can be seen as affirming the contract, which may weaken a constructive dismissal claim.
A long career ends in disappointment
This case shows how difficult it can be to prove constructive dismissal, even for an employee with an unblemished 35-year record. The claimant, a clinical night manager at Walsall Healthcare NHS Trust, resigned in January 2021 citing a lack of support and unresolved health and safety concerns. She had raised issues informally – via WhatsApp messages and night reports – about office safety during the pandemic, including the need for floor markings and screens. But she never used the trust's formal grievance or whistleblowing procedures.
The tribunal acknowledged the immense pressure the NHS was under during COVID-19. It found that the trust had taken reasonable steps, such as conducting a risk assessment and providing temporary twilight support. The trust's failure to act on every informal suggestion did not amount to a fundamental breach of the implied term of trust and confidence. The tribunal also noted that the claimant served 4.5 months' notice after resigning, which suggested she had not treated the contract as at an end immediately.
What could have been done differently?
The trust could have followed up more promptly on the claimant's emailed concerns about her personal risk assessment. A formal meeting to discuss her issues might have prevented the breakdown. For the claimant, using the formal grievance process – even during a pandemic – would have given the trust a clearer opportunity to address her concerns and would have strengthened her legal position.
Why this matters for similar claims
This decision reinforces that tribunals will consider the wider context – here, the unprecedented strain on the NHS – when assessing whether an employer's conduct was reasonable. Employees who feel compelled to resign should use formal internal procedures first, and be aware that a long notice period can undermine a claim of constructive dismissal. The case is a reminder that informal complaints, however heartfelt, may not be enough to establish a breach of contract.
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