Constructive dismissal after bullying complaint outcome withheld: NHS trust found in breach
An Overseas Visitors Officer with 7 years' service resigned after her bullying complaint was upheld but the outcome was never disclosed. The tribunal awarded £9,379.96 for constructive unfair dismissal.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #bullying-and-harassment
- #investigation-outcome-not-disclosed
- #counter-allegations
- #breach-of-implied-term
Key facts
- The claimant was employed as an Overseas Visitors Officer from 1 February 2013 until she resigned on 3 August 2020.
- The claimant made a complaint about her manager Ms Ward in June 2019, which was upheld in part but the outcome was not disclosed to her.
- In February 2020, the claimant and her colleagues were given a presentation on the Trust's core values, implying they were at fault.
- The claimant raised further concerns in May 2020, which were rebuffed by Mrs Griffin's email of 7 June 2020.
- Ms Ward made a counter-complaint of bullying against the claimant on 4 June 2020, which was taken seriously and led to the claimant being moved.
- The tribunal found that the respondent's actions cumulatively destroyed trust and confidence, amounting to a constructive unfair dismissal.
Timeline
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Employment started
Claimant began employment with the respondent.
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Became OVO
Claimant became an Overseas Visitors Officer.
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Complaint about Ms Ward
Claimant made a complaint about Ms Ward under the bullying and harassment policy.
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Off sick
Claimant went off work due to stress and bereavement.
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Investigation report
Ms Malin concluded her investigation, finding breaches of policy and recommending disciplinary action.
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Disciplinary outcome for Ms Ward
Two allegations against Ms Ward were upheld; she received a verbal warning.
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Team meeting
Claimant and colleagues were given a presentation on core values, but not told the outcome of the investigation.
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Further concerns raised
Claimant emailed Mrs Griffin about victimisation and bullying by Ms Ward.
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Ms Ward's counter-complaint
Ms Ward made a formal complaint that the claimant was bullying and harassing her.
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Claimant moved
Claimant received a letter notifying her of Ms Ward's complaint and was moved to the PPE department.
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Resignation
Claimant resigned by email, citing the previous 18 months as the worst of her working life.
The legal issue
The tribunal had to decide whether the employer's actions (failing to disclose the outcome of a bullying investigation, implying the claimant was at fault, and treating a counter-complaint as credible) amounted to a fundamental breach of the implied term of trust and confidence, entitling the claimant to resign and claim constructive unfair dismissal.
The outcome
The tribunal upheld the claimant's complaint of constructive unfair dismissal.
Key reasons:
- The trust upheld the claimant's bullying complaint against her manager but never told her the outcome, leaving her to believe nothing had been done.
- A team meeting in February 2020 presented the trust's core values in a way that implied the claimant and her colleagues were at fault.
- When the claimant raised further concerns in May 2020, they were rebuffed. Her manager then made a counter-complaint of bullying, which was taken seriously and led to the claimant being moved to another department.
- The cumulative effect of these actions destroyed the trust and confidence needed for the employment relationship.
Compensation breakdown:
- Basic award: £5,111.00
- Compensatory award: £4,268.96 (including £500 for loss of statutory rights and £3,768.96 for loss of earnings over 24 months)
- Total: £9,379.96
- No reduction for contributory fault or Polkey.
Lessons & takeaways
- If an employee's complaint is upheld, tell them the outcome—withholding it can be a fundamental breach of trust and confidence.
- Treating a manager's counter-complaint as credible without addressing the original issues can be seen as victimisation and may justify resignation.
- Constructive dismissal claims can succeed on cumulative conduct even if no single act alone is enough to break trust.
- Employees who resign after a series of events should act promptly to avoid being seen as affirming the contract.
When a complaint is upheld but never disclosed
This case shows how an employer's failure to communicate the outcome of a grievance can unravel trust entirely. The claimant, an Overseas Visitors Officer with seven years' service, complained about her manager's behaviour in June 2019. An investigation found breaches of policy and recommended disciplinary action. The manager received a verbal warning. But the claimant was never told.
Instead, she returned from sick leave to a team meeting where she and her colleagues were given a presentation on the trust's core values—implying they were the problem. When she raised further concerns in May 2020, they were dismissed. Then her manager made a counter-complaint of bullying, which was taken seriously, and the claimant was moved to another department.
What the trust could have done differently
The tribunal noted that the trust had reasonable grounds for the manager's warning, but keeping the outcome secret was a critical error. Had the trust simply told the claimant that her complaint had been upheld and action taken, the situation might have been resolved. Instead, the lack of transparency, combined with the team meeting and the handling of the counter-complaint, created a cumulative breach of trust.
The trust also failed to consider that the claimant's own concerns about victimisation were legitimate. By treating the manager's counter-complaint as credible without addressing the original issues, the trust effectively sided with the manager.
Why this matters for similar claims
This case is a reminder that constructive dismissal can arise from a series of events rather than a single dramatic act. Employees who feel their complaints are ignored or that they are being victimised may have grounds to resign and claim unfair dismissal. For employers, it highlights the importance of transparency in grievance processes and the risks of treating counter-allegations without context.
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