26-year mental health practitioner wins constructive dismissal after nine-month delay
A senior mental health practitioner with 26 years' service was constructively dismissed after the trust took nine months to investigate a minor disciplinary matter and failed to handle his grievance promptly. The tribunal found a repudiatory breach of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
- #long-service
- #constructive-dismissal
- #delay-in-investigation
- #failure-to-keep-informed
- #occupational-health-reports
- #covid-19-impact
Key facts
- The claimant was a senior mental health practitioner with 26 years of service and no previous disciplinary issues.
- He was assaulted by a service user on 9 May 2021, but the employer's response was delayed.
- A disciplinary investigation into his interactions with another service user took 9 months, far exceeding the policy's 8-week target.
- The employer failed to keep the claimant informed of progress or adhere to its own procedural safeguards.
- The claimant resigned on 30 March 2022 after the grievance outcome was repeatedly delayed.
- The tribunal found the employer's conduct amounted to a repudiatory breach of the implied term of trust and confidence.
Timeline
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Gatekeeping assessment incident
The claimant, as gatekeeper, attended A&E to assess a service user who was a family friend; the service user declined assessment.
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Assault by service user
While delivering medication, a service user threw water over the claimant twice.
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Visit to Mulberry Ward
The claimant visited the service user on Mulberry Ward without prior arrangement, leading to a complaint from staff.
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Claimant goes off sick
The claimant reported feeling unwell after the assault and remained off work until resignation.
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Occupational health referral
The claimant was referred to occupational health by his line manager.
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Formal investigation commenced
The claimant was notified of a disciplinary investigation into his conduct on 5 and 10 May.
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Claimant raises grievance
The claimant submitted a grievance about the handling of the assault and the investigation.
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Investigation report completed
The investigator concluded the matter was not serious enough for formal discipline.
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Investigation outcome communicated
The case manager found the allegations not upheld or not serious enough for formal action.
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Claimant resigns
The claimant resigned, citing the prolonged disciplinary and grievance process.
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Grievance outcome sent
The grievance was upheld in part, with criticism of the delays.
The legal issue
The tribunal had to decide whether the employer's handling of the disciplinary and grievance processes, particularly the delays and lack of communication, amounted to a repudiatory breach of the implied term of trust and confidence, entitling the employee to resign and claim constructive unfair dismissal.
The outcome
The tribunal found that the employee was constructively unfairly dismissed. The trust's investigation into minor allegations took nine months, far exceeding its own eight-week target, and the employee was not kept informed of progress. His grievance about the handling of an assault and the investigation was also delayed, with the outcome sent only after he resigned. These failures cumulatively breached the implied term of trust and confidence.
Compensation is to be determined at a remedy hearing. The tribunal also found the dismissal wrongful, entitling the employee to notice pay.
Lessons & takeaways
- Long-serving employees with clean records are entitled to expect a timely and fair process; excessive delays can amount to a repudiatory breach.
- Employers should adhere to their own disciplinary and grievance timescales and keep employees informed of progress to avoid undermining trust.
- A grievance that is not resolved before an employee resigns can be a key factor in a constructive dismissal claim.
- Even if allegations are not upheld, a prolonged investigation without justification may be seen as unreasonable conduct.
A long career undone by process failures
This case shows how a breakdown in basic employment procedures can destroy a long and unblemished career. The employee, a senior mental health practitioner with 26 years of service, had never faced disciplinary action. After being assaulted by a service user, he expected support. Instead, he was drawn into a nine-month investigation over two minor incidents that ultimately led to no formal action.
The trust's own policy set an eight-week target for disciplinary investigations. The actual process took over seven months, with the employee left in the dark throughout. His grievance about the handling of the assault and the investigation was also delayed, with the outcome only sent after he had already resigned. The tribunal found that these cumulative failures amounted to a repudiatory breach of the implied term of trust and confidence.
What the trust could have done differently
The trust could have avoided this outcome by following its own procedures. It should have completed the investigation within a reasonable time, communicated regularly with the employee, and resolved his grievance before it escalated. Instead, the delays and lack of transparency left the employee feeling isolated and unsupported, leading him to resign.
Why this matters for similar claims
This case reinforces that constructive dismissal claims can succeed where an employer's conduct, taken as a whole, destroys the trust and confidence essential to the employment relationship. For employees, it highlights the importance of documenting delays and lack of communication. For employers, it is a reminder that even minor disciplinary matters must be handled promptly and fairly, particularly for long-serving staff with good records.
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