Senior care assistant constructively dismissed after flawed grievance process
A senior care assistant who resigned after a manager swore at her and a grievance was poorly handled has won her constructive unfair dismissal claim. The tribunal found a fundamental breach of trust and confidence.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a senior care assistant from 1 July 2019 to 3 August 2021.
- On 26 March 2021, manager Samantha Bacon swore at and threatened the claimant during a heated argument.
- The claimant raised a grievance on 29 March 2021, which was poorly investigated by Noel Allcock.
- The grievance outcome misled the claimant about staff transfers between care homes during a Covid-19 outbreak.
- The claimant resigned on 3 July 2021 due to the treatment and flawed grievance process.
- The tribunal found the claimant was constructively dismissed but rejected her disability discrimination and whistleblowing claims.
Timeline
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Employment started
Claimant began working as a senior care assistant at Primrose Lodge.
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Raised concerns about colleague
Claimant raised multiple concerns about a colleague's conduct, including medication errors and rough handling of residents.
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Reported bruise on resident
Claimant reported a large bruise on a resident's sternum to Ms Bacon, but it was not escalated.
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Claimant unwell
Claimant attended hospital with breathing difficulties; Ms Bacon asked if she could cover the shift.
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Altercation with Ms Bacon
Ms Bacon swore at and threatened the claimant during a meeting; claimant left work and did not return.
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Grievance raised
Claimant submitted a written grievance about the 26 March incident and other concerns.
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Grievance meeting
Claimant met with Mr Allcock to discuss her grievance.
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Grievance outcome
Mr Allcock dismissed the grievance, stating it was not upheld.
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Appeal rejected
Claimant's appeal was rejected, though the respondent admitted staff transfers had occurred.
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Resignation
Claimant resigned, citing the treatment and flawed grievance process.
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Employment ended
Claimant's employment formally ended after notice period.
The legal issue
The tribunal had to decide whether the employer's conduct, including a heated argument with a manager and a flawed grievance process, was so serious that it destroyed the trust and confidence needed for the employment relationship, amounting to a constructive dismissal.
The outcome
The tribunal upheld the claim of constructive unfair dismissal but rejected the claims of disability discrimination, harassment, and detriment for making protected disclosures.
Key reasons:
- The manager's conduct on 26 March 2021, including swearing and threats, was a serious breach of trust.
- The subsequent grievance investigation was inadequate: it failed to properly consider the claimant's concerns and misled her about staff transfers during the pandemic.
- The cumulative effect of these failures justified the claimant's resignation.
Compensation is to be determined at a separate remedy hearing.
Lessons & takeaways
- A single serious incident, like a manager swearing and threatening an employee, can be enough to breach trust and confidence if not properly addressed.
- A flawed grievance process that misleads the employee or fails to investigate thoroughly can itself be a breach of contract, supporting a constructive dismissal claim.
- Employees with less than two years' service may still bring a constructive dismissal claim if the breach relates to a fundamental term like trust and confidence.
- Employers should ensure grievance investigations are impartial, thorough, and transparent to avoid claims of constructive dismissal.
A breakdown of trust in a care home
This case highlights how a single explosive incident, followed by a poorly handled grievance, can destroy the trust at the heart of an employment relationship. The senior care assistant had worked at Primrose Lodge for just over two years when a heated argument with her manager, Samantha Bacon, escalated into swearing and threats. The employee left work that day and never returned.
She raised a formal grievance, but the investigation by area manager Noel Allcock was flawed. The tribunal found that the outcome letter misled her about staff transfers between care homes during the Covid-19 pandemic, a key concern she had raised. When her appeal was rejected, she resigned, citing the treatment and the broken grievance process.
What the employer could have done differently
The tribunal made clear that the manager's behaviour on 26 March 2021 was a serious breach of trust. But the employer could have salvaged the situation with a proper grievance process. A thorough, impartial investigation that addressed the employee's concerns honestly might have restored trust. Instead, the misleading outcome and rejection of the appeal compounded the original breach.
For employers, this case is a reminder that a grievance is not just a box-ticking exercise. It is an opportunity to repair a damaged relationship. A flawed process can turn a difficult situation into a constructive dismissal claim.
Why this matters for similar claims
This decision shows that constructive dismissal claims can succeed even when the employee has relatively short service. The key is whether the employer's conduct was so serious that it went to the root of the contract. The tribunal rejected the employee's other claims – disability discrimination, harassment, and whistleblowing – but the constructive dismissal claim succeeded on the strength of the manager's conduct and the grievance failures.
For employees considering a constructive dismissal claim, the lesson is to document the incidents and the grievance process carefully. For employers, the message is clear: take grievances seriously, investigate them properly, and be honest in your communications.
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