Grievance delay after suspension: resignation not a constructive dismissal
A manager with 18 years' service resigned after a grievance outcome was delayed until the New Year. The tribunal found no repudiatory breach and dismissed her unfair dismissal claim.
2 min read · Last updated 18 May 2026
Case details
- #suspension
- #data-download
- #grievance-delay
- #last-straw
- #affirmation
- #alternative-job
Key facts
- The claimant was suspended on 6 October 2021 after a large download of data from her home IP address.
- The investigation found no case to answer and the suspension was lifted on 11 November 2021.
- The claimant raised a formal grievance on 15 November 2021 citing multiple concerns.
- The grievance outcome was delayed until after the Christmas break.
- The claimant resigned on 16 December 2021, effective 31 December 2021.
- She started a new job as Head of Operations at Hybrid Technical Services Ltd on 4 January 2022, offered by her former manager Sophie Park.
Timeline
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Investigatory meeting about Sophie Park
The claimant was interviewed without warning in a locked room about complaints against her line manager Sophie Park.
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Data download
The claimant downloaded and deleted 1125 files from the college's IT system while working from home.
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Suspension
The claimant was suspended and questioned about the data download; she surrendered her laptop.
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Signed off sick
The claimant's GP signed her off work due to stress.
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Letter from Debbie Walsh
The claimant received a letter requesting return of devices, which she found insensitive and inaccurate.
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Investigation meeting
The claimant was given full details of the data download and explained she had done it to impress a senior manager.
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Suspension lifted
The claimant was told she had no case to answer and could return to work.
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Grievance raised
The claimant submitted a formal grievance citing multiple concerns about her treatment.
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Grievance hearing
The claimant attended a grievance hearing and indicated she was considering resigning.
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Grievance outcome delayed
Laura Rowan informed the claimant that the grievance outcome would not be available until the New Year.
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Resignation
The claimant resigned, effective 31 December 2021, citing the grievance delay and lack of support.
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Job offer from Hybrid
The claimant received a formal job offer as Head of Operations at Hybrid Technical Services Ltd, starting 4 January 2022.
The legal issue
The tribunal had to decide whether the employer's conduct — including a suspension for data download that was later found to have no case to answer, and a delayed grievance outcome — amounted to a repudiatory breach of the implied term of trust and confidence, entitling the employee to resign and claim constructive dismissal.
The outcome
The tribunal dismissed the claim of unfair constructive dismissal.
- The claimant resigned on 16 December 2021 after being told her grievance outcome would not be available until the New Year.
- The tribunal found that the employer's conduct, while not perfect, did not go to the root of the contract. The suspension was reasonable given the data download, and the grievance delay was not a 'last straw' that destroyed trust and confidence.
- The claimant had also affirmed the contract by continuing to work and by seeking a new job before resigning.
- No compensation was awarded as the claim failed.
Lessons & takeaways
- A delay in a grievance outcome, without more, is unlikely to be a repudiatory breach — especially if the employer has a reasonable explanation.
- Continuing to work and seeking alternative employment before resigning can be seen as affirming the contract, weakening a constructive dismissal claim.
- Suspension pending investigation is often reasonable if there is a genuine suspicion, even if the employee is later cleared.
- The 'last straw' must be more than just frustrating — it must contribute to a fundamental breach of trust and confidence.
- Long service does not automatically make a delay or procedural flaw a repudiatory breach; the overall context matters.
When does a grievance delay become the final straw?
This case shows the high bar for constructive dismissal claims, even for long-serving employees. The claimant, a Workforce Skills Business Support Manager with 18 years' service, resigned after a series of events that she felt destroyed trust and confidence in her employer, The City of Liverpool College.
The trouble began when she was suspended after downloading a large number of files from the college's IT system. The investigation cleared her, but she felt the process was mishandled — including being questioned without warning and receiving insensitive correspondence while signed off sick. She raised a formal grievance, but the outcome was delayed until after Christmas. She resigned shortly after being told of the delay.
What the tribunal decided
The tribunal accepted that the suspension and investigation caused the claimant stress, but found the college's actions were within the range of reasonable responses. The data download was a legitimate concern, and the suspension was not a breach of contract. The grievance delay, while unfortunate, was not a repudiatory breach — the college had a backlog and the claimant had not chased it. Crucially, the tribunal found that the claimant had affirmed the contract by continuing to work and by actively seeking a new job before resigning. Her resignation was not in response to a fundamental breach.
What could have been done differently?
The college could have handled the grievance more promptly and communicated better with the claimant during her sickness absence. However, the tribunal noted that the claimant did not raise her concerns about the delay before resigning. For employees, the lesson is clear: if you want to rely on a 'last straw', you must show that the employer's conduct was truly destructive of trust and confidence — not just frustrating or slow.
Why this matters
This case is a reminder that constructive dismissal claims are difficult to win. The employee must prove a fundamental breach of contract, not just poor management. Even where an employer's process is flawed, the tribunal will look at the overall picture — including whether the employee affirmed the contract by their own actions.
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