19-year care worker wins constructive dismissal after assaults and ignored redeployment requests
An assistant unit manager with 19 years' service was constructively dismissed after the council failed to address safety concerns, delayed her grievances, and refused to redeploy her despite her disability. The tribunal awarded £35,208.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #disability-discrimination
- #reasonable-adjustments
- #bile-acid-malabsorption
- #grievance-delay
- #phased-return-failure
- #acas-code-uplift
Key facts
- The claimant worked for the respondent for 19 years, most recently as Assistant Unit Manager at a children's home.
- She was assaulted twice by a child resident in June and July 2019, after repeatedly raising concerns about his behaviour.
- She was diagnosed with bile acid malabsorption (BAM) in January 2020, which caused uncontrollable diarrhoea exacerbated by stress.
- The respondent failed to engage with her requests for redeployment outside residential services despite occupational health advice.
- A phased return to work at another children's home in December 2020 was poorly managed, leading to a panic attack and further absence.
- She resigned on 26 April 2021 after receiving the outcome of her second grievance, citing breach of trust and confidence.
Timeline
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First assault by Child X
Child X shouted, screamed, whipped the claimant with his coat, and pushed her. He was arrested and convicted of assault by beating.
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Second assault by Child X
On X's first day back after the first assault, he pushed the claimant into a wall.
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Claimant commenced long-term sickness absence
The claimant became unwell with headache, lethargy, and diarrhoea, and was signed off with work and home related stress.
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First grievance submitted
The claimant submitted a formal grievance requesting a transfer out of residential services.
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Diagnosis of bile acid malabsorption
The claimant was informed she likely had BAM, a condition causing uncontrollable diarrhoea.
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Occupational health meeting – BAM disclosed
The claimant first disclosed her BAM to occupational health, but the report did not mention it specifically.
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First day of phased return at Skyview
The claimant started a phased return at another children's home, but no risk assessment for BAM was done and she was not given a toilet key.
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Second day of phased return – panic attack
The claimant was left unsupported, had no keys, suffered a panic attack, and left early, never returning to work.
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Second grievance submitted
The claimant submitted a further grievance, specifically alleging failure to make reasonable adjustments by not redeploying her.
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Claimant resigned
The claimant resigned, citing breach of the implied term of trust and confidence after receiving the grievance outcome.
The legal issue
The tribunal had to decide whether the employer's conduct, including failing to address safety concerns after two assaults, delaying grievance outcomes, and not engaging with requests for redeployment, amounted to a breach of the implied term of trust and confidence, allowing the employee to resign and claim constructive unfair dismissal.
The outcome
The tribunal upheld the claim for constructive unfair dismissal, finding that the employer's conduct breached the implied term of trust and confidence. The disability discrimination claim (failure to make reasonable adjustments) was dismissed because the employer did not have knowledge of the disability at the relevant time for some allegations, and for others the tribunal found the employer had taken reasonable steps.
Compensation:
- Basic award: £14,144.00
- Compensatory award: £21,064.46
- Total: £35,208.46
Lessons & takeaways
- Employers must take employee safety concerns seriously, especially after physical assaults, and act promptly to address them.
- Delays in handling grievances can contribute to a breakdown in trust and confidence, potentially leading to constructive dismissal claims.
- When an employee requests redeployment due to a disability, employers should engage meaningfully and consider all reasonable options, including transfers to different roles or departments.
- A poorly managed phased return to work, without proper risk assessments or support, can be a factor in a constructive dismissal claim.
- Length of service is a key factor: a 19-year employee with a good record is entitled to expect a higher standard of care and process from their employer.
A breakdown of trust after 19 years of service
This case shows how a series of failures by an employer can cumulatively destroy the trust and confidence needed for an employment relationship to continue. The employee, an assistant unit manager with 19 years' service at a children's home, was assaulted twice by a resident after raising concerns about his behaviour. She then developed a stress-related condition (bile acid malabsorption) and went on long-term sick leave. Despite occupational health advice and her repeated requests for redeployment away from residential care, the council failed to act. Her first grievance took months to resolve, and a second grievance was only concluded after she had already resigned.
What the council could have done differently
The tribunal highlighted several missed opportunities. After the assaults, the council could have moved the employee to a different setting or provided more support. When she disclosed her disability, a proper risk assessment and a meaningful discussion about redeployment could have prevented the breakdown. The phased return to work at another children's home was poorly handled: no risk assessment for her condition was done, she was not given a toilet key, and she was left unsupported, leading to a panic attack. The council also delayed her grievances, which the tribunal said contributed to the loss of trust.
Why this result matters
This case is a reminder that constructive dismissal claims can succeed even when no single act is catastrophic, if the overall conduct of the employer shows a pattern of disregard for the employee's wellbeing. The award of £35,208 reflects the employee's long service and the impact on her career. For employees in similar situations, it underscores the importance of documenting all requests for support and raising grievances in writing. For employers, it shows that failing to engage with redeployment requests and delaying grievance processes can be costly, especially when dealing with long-serving staff.
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