Constructive dismissal claim fails after employer's thorough grievance process
A tanker driver who resigned after alleging bullying and harassment lost his constructive dismissal claim. The tribunal found the employer's grievance investigations were adequate and there was no breach of trust.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant resigned on 26 December 2022, citing bullying and harassment by colleagues.
- The claimant had raised grievances in March and September 2022 about bullying, sabotage, and car damage.
- The respondent investigated both grievances but found insufficient objective evidence to uphold them.
- The tribunal found that the respondent's grievance process was thorough and independent.
- The tribunal concluded there was no fundamental breach of the implied term of trust and confidence.
Timeline
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Employment started
Claimant began employment as a Driver Technician (Tanker Driver) at Purfleet terminal.
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TUPE transfer
Claimant transferred to the respondent via TUPE.
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First grievance raised
Claimant raised a grievance alleging bullying, sabotage, and car damage.
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First grievance outcome
Mat Church gave outcome; claimant agreed to 'draw a line in the sand'.
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Car window damaged
Claimant found rear window of his car damaged at work.
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Second grievance raised
Claimant raised another grievance about bullying and sabotage; went on sick leave.
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Grievance meeting
Jemma Stirk met with claimant to discuss grievances.
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Second grievance outcome
Jemma Stirk informed claimant grievance not upheld due to insufficient evidence.
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Resignation
Claimant resigned, citing treatment by colleagues and employer.
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Respondent asked claimant to reconsider
Jemma Stirk wrote to claimant offering alternative vacancies and right to appeal; claimant declined.
The legal issue
The tribunal had to decide whether the employer's handling of the claimant's grievances about bullying and harassment amounted to a fundamental breach of contract entitling him to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal.
- The claimant resigned on 26 December 2022, citing bullying and harassment by colleagues.
- He had raised two grievances in March and September 2022, which were investigated but not upheld due to insufficient evidence.
- The tribunal found the investigations were thorough and independent, and the employer had not breached the implied term of trust and confidence.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer; simply feeling bullied is not enough if the employer takes reasonable steps to investigate.
- A thorough and independent grievance process can protect an employer from a constructive dismissal claim, even if the employee disagrees with the outcome.
- Employees who resign should ensure they have not affirmed the contract by continuing to work for a significant period after the alleged breach.
What this case shows in practice
This case highlights the importance of an employer's grievance process in defending against constructive dismissal claims. The claimant, a tanker driver with three years' service, resigned after alleging two years of bullying and harassment by colleagues, including damage to his car and interference with his truck. He raised two formal grievances, which were investigated by management. The investigations found insufficient objective evidence to uphold the complaints, and the claimant was informed of the outcomes.
What the losing side could have done differently
The claimant argued that the employer failed to take his concerns seriously and did not provide a safe workplace. However, the tribunal noted that the employer's investigations were thorough: they interviewed witnesses, reviewed evidence, and offered the claimant the right to appeal. The employer also offered alternative vacancies and asked the claimant to reconsider his resignation. The tribunal concluded that the employer had not breached the implied term of trust and confidence, as it had reasonable and proper cause for its actions.
Why the result matters for similar claims
This case serves as a reminder that constructive dismissal claims are difficult to win if the employer can demonstrate a fair and reasonable response to grievances. Employees considering resigning and claiming constructive dismissal should ensure that the employer's conduct amounts to a fundamental breach of contract, and that they have not affirmed the contract by continuing to work. For employers, maintaining a clear, documented grievance process is key to defending such claims.
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