Constructive dismissal claim fails: grievance appeal outcome not a breach of trust
A sales advisor who resigned after his grievance appeal was dismissed lost his constructive unfair dismissal claim. The tribunal found the employer's conduct did not breach the implied term of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a sales advisor from 5 October 2015 until his resignation on 2 October 2020.
- The claimant suffered a stroke in September 2017 and adjustments were put in place.
- Samirah Ashraf became the claimant's line manager in November 2018 and was inexperienced.
- The claimant raised a grievance on 6 December 2019, alleging bullying and slander by Samirah Ashraf.
- The grievance was partly upheld, but the claimant appealed and the appeal was dismissed.
- The claimant resigned on 2 October 2020, stating his position was untenable.
Timeline
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Employment start
Claimant started employment as a sales advisor.
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Stroke
Claimant suffered a stroke and adjustments were put in place.
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New manager
Samirah Ashraf became the claimant's line manager.
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Phone number shared
Samirah Ashraf added the claimant to a WhatsApp group without consent.
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Occupational health referral
Samirah Ashraf made an occupational health referral containing unfavourable comments.
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Return to work meeting
A difficult return-to-work meeting resulted in Samirah Ashraf crying.
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Mediation
Mediation took place but the claimant could not put aside his grievances.
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Grievance raised
Claimant submitted a grievance against Samirah Ashraf.
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Grievance outcome
Grievance partly upheld; claimant appealed.
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Appeal outcome
Appeal dismissed; claimant informed he would remain under Samirah Ashraf's management pending investigation.
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Resignation
Claimant resigned, stating his position was untenable.
The legal issue
Whether the employer's conduct – including an occupational health referral and the handling of a grievance – breached the implied term of trust and confidence, and whether the employee resigned in response to that breach.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal.
- The claimant resigned on 2 October 2020 after his grievance appeal was dismissed and he was told he would remain under the same line manager.
- The tribunal found that the employer had reasonable and proper cause for its actions, and that the claimant had affirmed the contract by continuing to work for several months after the alleged breaches.
- No compensation was awarded.
Lessons & takeaways
- If you continue working for a significant period after an alleged breach, you may be seen as having accepted the contract and lose the right to claim constructive dismissal.
- A grievance process that takes several months is not automatically a breach of trust – tribunals consider whether the delay was reasonable in the circumstances.
- Being required to return to work under the same manager after a grievance is not necessarily a 'last straw' if the employer has reasonable grounds for that decision.
- Keep a clear record of all incidents you consider breaches of trust – the tribunal will look at the cumulative effect, not just the final act.
When is a grievance delay not a breach of trust?
This case shows that constructive dismissal claims can fail even when an employee feels they have been treated unfairly. The sales advisor, who had worked for Sky Retail Stores Limited since 2015, resigned after a long-running dispute with his line manager. He alleged bullying, an inappropriate occupational health referral, and a grievance process that took over six months.
However, the tribunal found that Sky had reasonable and proper cause for its actions. The occupational health referral was made in line with company policy, and the grievance – though delayed – was investigated and partly upheld. Crucially, the claimant continued to work for several months after the alleged breaches, which the tribunal saw as affirming the contract.
What could Sky have done differently?
The tribunal noted that the grievance process could have been handled more quickly, but the delay was not so serious as to destroy trust and confidence. Employers should ensure grievance investigations are concluded promptly, but a delay of a few months will not automatically amount to a breach.
Why this result matters
This case reinforces that constructive dismissal is a high bar. Employees who wish to claim constructive dismissal must resign promptly after the final straw – continuing to work may waive the right to claim. It also shows that employers can defend claims if they can show reasonable cause for their actions, even where the employee feels let down by the process.
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