Cumulative delays in grievance and capability process led to constructive dismissal

When delays become a breach of trust

This case shows how a series of delays in internal processes can cumulatively destroy the trust and confidence an employee has in their employer. The claimant, a facilities maintenance engineer with six years' service, was subjected to a capability process that began without any informal discussions. When he raised a grievance about his manager's conduct, the process was delayed at every stage: it took 12 weeks for the initial outcome, 15 weeks for the appeal, and further delays in responding to follow-up questions. The final straw came when a manager took weeks to reply to further questions, prompting the claimant to resign.

What the employer could have done differently

Sefton Metropolitan Borough Council could have avoided this outcome by following its own policies and the ACAS Code. The capability process should have started with informal discussions. The grievance should have been investigated promptly and fairly, including interviewing the claimant. The appeal should have been dealt with in a reasonable time. Instead, the cumulative delays led the tribunal to find a fundamental breach of the implied term of trust and confidence.

Why this matters for similar claims

This case is a reminder that constructive dismissal can arise from a pattern of behaviour rather than a single dramatic event. Employees who feel their trust has been eroded by repeated failures should document each incident and consider whether the final act is the 'last straw'. For employers, the message is clear: delays in handling grievances and capability issues can be costly, especially when the ACAS Code is ignored, leading to an uplift in compensation.