HR administrator wins constructive dismissal claim after bullying and Facebook surveillance
A Cardiff tribunal found that Cardiff Galvanisers breached trust and confidence by bullying an employee who raised COVID-19 safety concerns, then sent her Facebook posts to challenge her sick leave. The whistleblowing claims were dismissed but the constructive unfair dismissal succeeded.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 17 August 2020 citing bullying by senior managers.
- The tribunal found one protected disclosure on 18 March 2020 regarding COVID-19 safety.
- The tribunal found the respondent breached the implied term of trust and confidence through cumulative conduct.
- The claimant's whistleblowing claims under sections 47B, 48, and 103A were dismissed.
- The respondent failed to establish a potentially fair reason for the constructive dismissal.
Timeline
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Employment commenced
Ms Murphy started as receptionist, later became HR Administrator.
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Unfair dismissal discussion
Gareth Evans asked to dismiss three employees; claimant and manager objected.
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COVID-19 disclosure
Claimant reported employee concerns about requiring symptomatic staff to attend work for temperature testing.
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Furlough started
Business closed due to COVID-19; employees placed on furlough.
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Sickness absence began
Claimant obtained Med 3 certificate for acute stress reaction.
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First sickness call
Robert Evans called claimant; she cited Gareth's shouting as cause of stress.
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Facebook evidence sent
Robert Evans sent claimant Facebook posts alleging she was not genuinely ill.
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Grievance and resignation
Claimant submitted formal grievances and resigned by email citing bullying.
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Employment ended
Claimant's notice period ended.
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Claim presented
Claim form presented to tribunal.
The legal issue
The tribunal had to decide whether the employer's actions amounted to a repudiatory breach of the implied term of trust and confidence, entitling the employee to resign and claim constructive unfair dismissal, and whether she had made protected disclosures about COVID-19 safety.
The outcome
The tribunal found that the employee was constructively unfairly dismissed. The whistleblowing claims (detriment and automatic unfair dismissal) were dismissed because the protected disclosure about COVID-19 was not the reason for any alleged detriment or dismissal.
Key reasons:
- The employer's conduct, including a senior manager sending the employee Facebook posts to suggest she was not genuinely ill, was part of a cumulative breach of trust and confidence.
- The employer did not establish a potentially fair reason for the constructive dismissal.
- The employee's resignation was in response to the breach, not to the employer's intention to investigate her misconduct.
Compensation: To be determined at a remedy hearing (no figures yet).
Lessons & takeaways
- Constructive dismissal claims require you to show your employer fundamentally breached your contract; a single serious act or a series of smaller ones can suffice.
- Sending an employee social media posts to challenge their sick leave can be a clear breach of trust and confidence, especially if done by a senior manager.
- Raising a health and safety concern about COVID-19 can be a protected disclosure, but you must also show that disclosure was the reason for any detriment or dismissal.
- If you resign in response to a breach, do so promptly; delay may suggest you accepted the breach.
When trust and confidence breaks down
This case shows how a series of management actions, rather than a single dramatic event, can destroy the trust and confidence needed for an employment relationship. The employee, an HR administrator with 5.5 years' service, resigned after what she described as bullying by senior managers. The tribunal agreed that the employer's conduct, including sending her Facebook posts to challenge her sickness absence, amounted to a fundamental breach of contract.
The employee had raised concerns about requiring symptomatic staff to attend work for temperature testing during the early days of the COVID-19 pandemic. While the tribunal accepted this was a protected disclosure, it did not find that this disclosure caused any detriment or dismissal. Instead, the constructive dismissal claim succeeded on the basis of the employer's overall behaviour.
What the employer did wrong
The tribunal highlighted the sending of Facebook posts by a senior manager as particularly damaging. The employee was signed off sick with stress, and the employer used social media evidence to suggest she was not genuinely ill. This, combined with other conduct such as shouting and unreasonable demands, led the tribunal to conclude that the employer had breached the implied term of trust and confidence.
The employer could have avoided this outcome by handling the employee's sickness absence more sensitively and by not using surveillance-style tactics. A proper investigation into her grievances before she resigned might also have prevented the claim.
What this means for similar claims
This case reinforces that constructive dismissal claims can succeed even where whistleblowing claims fail. Employees who feel forced to resign because of their employer's behaviour should consider whether the conduct as a whole amounts to a repudiatory breach. The use of social media evidence to challenge sick leave is a risky tactic that tribunals are likely to view as undermining trust.
Compensation will be decided at a later hearing, but the employee has already secured a finding of unfair dismissal, which is a significant step.
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