Patient Access Co-ordinator loses constructive dismissal claim against NHS trust
A Patient Access Co-ordinator who resigned claiming bullying and victimisation has lost her constructive unfair dismissal claim. The tribunal found no repudiatory breach of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #sickness-absence-policy
- #workload-perception
- #grievance-process
- #occupational-health
- #stress-risk-assessment
Key facts
- The claimant worked as a Patient Access Co-ordinator from 17 September 2018 to 22 October 2021.
- The claimant had a poor sickness record, with multiple absences totalling over eight days in a rolling 12-month period.
- The respondent implemented its Sickness Absence Policy and arranged occupational health assessments, which the claimant felt were victimising.
- The claimant raised a grievance on 14 September 2021, alleging bullying and victimisation by her line manager.
- The claimant resigned on 24 September 2021, stating she wanted to move on to new challenges and focus on her mental health.
- The tribunal found no objective evidence of bullying or a repudiatory breach of contract by the respondent.
Timeline
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Employment started
Claimant began working as a Patient Access Co-ordinator at Guy’s and St Thomas’ NHS Foundation Trust.
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First sickness advisory meeting
Claimant met with Ms Wright for a Step 1 Sickness Advisory Meeting after 31 days of sickness absence.
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Occupational health appointment
OH physician recommended adjustments including working from home and reduced hours.
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Return-to-work meeting
Claimant discussed workload concerns with MJ; she declined a stress risk assessment.
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Invitation to sickness advisory meeting
MJ invited claimant to a meeting to discuss sickness absence since March 2020.
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Grievance raised
Claimant raised a Stage 1 grievance alleging bullying and victimisation by MJ.
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Resignation
Claimant resigned, giving four weeks' notice, citing a desire for new challenges and to focus on mental health.
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Effective date of termination
Claimant's employment ended.
The legal issue
The tribunal had to decide whether the employer's conduct, including its management of sickness absence and workload concerns, amounted to a fundamental breach of the implied term of trust and confidence, entitling the employee to resign and claim constructive dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal, as well as related claims for unlawful deduction of wages and unpaid holiday pay.
Key reasons:
- The claimant's perception of bullying and victimisation was not supported by objective evidence.
- The trust's implementation of its Sickness Absence Policy was reasonable given the claimant's absence record.
- The grievance process was not mishandled; the trust acted within its procedures.
- No repudiatory breach of contract occurred, so the resignation was not a constructive dismissal.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer — a subjective feeling of being bullied is not enough without objective evidence.
- Employers are entitled to follow sickness absence policies reasonably, even if the employee feels victimised by the process.
- Resigning while a grievance is ongoing can weaken a constructive dismissal claim, as the employer may not have had a chance to remedy the situation.
- A stress risk assessment is a useful tool for employees with workload concerns — declining one may undermine a later claim of inadequate support.
This case shows the high bar employees face when claiming constructive dismissal. The claimant, a Patient Access Co-ordinator with three years' service, resigned after feeling victimised by her employer's sickness absence management and a perceived lack of support over workload. She argued that the trust's conduct destroyed the trust and confidence needed to continue working.
What the tribunal found
The tribunal examined each of the claimant's complaints — from the implementation of the sickness absence policy to the handling of her grievance. It found no objective evidence of bullying or victimisation. The trust had acted within its policies, offering occupational health assessments and return-to-work meetings. The claimant had even declined a stress risk assessment, which weakened her workload complaint.
What the trust could have done differently
While the trust's actions were deemed reasonable, the case highlights the importance of clear communication. A more proactive approach to the claimant's workload concerns — perhaps through a formal risk assessment — might have prevented the breakdown in trust. However, the tribunal noted that the claimant's perception of victimisation was not supported by the facts.
Why this matters
For employees, this case is a reminder that constructive dismissal claims require more than a feeling of unfairness. The employer's conduct must be objectively unreasonable, amounting to a fundamental breach of contract. Resigning while a grievance is ongoing is particularly risky, as the employer may argue it was denied the chance to address issues. For employers, it confirms that following established policies — even when an employee disagrees with them — is defensible, provided the process is fair and evidence-based.
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