Constructive dismissal after grievance ignored: NHS trust failed to redeploy disabled employee
A Clinical Pathway Administrator was constructively unfairly dismissed after the Royal Free London NHS Foundation Trust failed to investigate her bullying grievance or redeploy her. The tribunal awarded £51,397.66.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Clinical Pathway Administrator from 19 September 2016 to 27 June 2021.
- She raised a formal grievance about bullying by a colleague on 11 March 2020, which was not properly investigated.
- She was signed off sick with work-related stress and anxiety from 21 April 2020 until her resignation.
- The respondent failed to redeploy her despite recommendations from her GP and occupational health.
- She resigned on 27 June 2021, citing unresolved bullying and failure to address her grievance.
- The tribunal found she was constructively unfairly dismissed and that the respondent failed to make reasonable adjustments for her disability.
Timeline
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Employment started
Miss Omisore began working as a Clinical Pathway Administrator for the Royal Free London NHS Foundation Trust.
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Accepted into design course
The claimant learned she had been accepted into an interior design BA Hons degree.
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Facilitated conversation with colleague
A facilitated conversation was held between the claimant and Ms Quaglia to address their working relationship.
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Formal grievance raised
The claimant submitted an eight-page formal grievance about Ms Quaglia's behaviour.
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Signed off sick with anxiety
The claimant's GP signed her off work with anxiety, and she remained off sick until her resignation.
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Grievance dismissed without investigation
HR concluded the grievance without meeting the claimant or interviewing witnesses, finding no evidence to substantiate her claims.
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Occupational health report
OH noted the claimant's condition was likely to continue and recommended redeployment and a stress risk assessment.
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Disability found from this date
The tribunal found the claimant became disabled within the meaning of the Equality Act 2010 from October 2020.
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Stage 2 absence meeting
The claimant met with management; redeployment was discussed but not implemented.
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Stage 3 meeting and resignation
At the stage 3 meeting, the claimant indicated she would resign; she handed in her resignation on 27 June 2021.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed and whether the trust failed to make reasonable adjustments for her disability by not properly investigating her grievance, not redeploying her, and not maintaining her sick pay.
The outcome
The tribunal found that the Royal Free London NHS Foundation Trust constructively unfairly dismissed the claimant and failed to make reasonable adjustments for her disability.
Key reasons:
- The trust dismissed the claimant's formal bullying grievance without meeting her or interviewing witnesses.
- Despite recommendations from her GP and occupational health, the trust did not redeploy her or conduct a stress risk assessment.
- The trust stopped her sick pay at half pay from March 2021.
Compensation:
- Basic award: £1,337.92
- Compensatory award: £50,059.74 (reduced by 5% for Polkey)
- Total: £51,397.66
Lessons & takeaways
- If you raise a formal grievance, your employer must investigate it properly — dismissing it without speaking to you or witnesses is likely to be a breach of trust and confidence.
- Employers must consider redeployment as a reasonable adjustment for disabled employees, especially when occupational health recommends it.
- Stopping sick pay for a disabled employee without proper justification can amount to a failure to make reasonable adjustments.
- A 5% Polkey reduction may be applied if the tribunal thinks the employee might have been dismissed anyway, but this is not automatic.
What this case shows in practice
This case highlights how a failure to take an employee's grievance seriously can unravel the employment relationship. The Clinical Pathway Administrator had worked for the Royal Free London NHS Foundation Trust for nearly five years when she raised a detailed grievance about bullying by a colleague. Instead of investigating, HR dismissed the grievance without meeting her or interviewing witnesses. This was the beginning of a series of failures that led to her constructive dismissal.
What the trust could have done differently
The trust had several opportunities to put things right. Occupational health recommended redeployment and a stress risk assessment in September 2020, but neither was carried out. The claimant's GP also recommended redeployment. Instead, the trust progressed her through its sickness absence procedure, culminating in a stage 3 meeting where she was not allowed to discuss the reasons for her absence. The tribunal found that stopping her sick pay at half pay from March 2021 was also a failure to make reasonable adjustments.
Why this result matters
This case is a reminder that employers must not only have policies but follow them. The ACAS Code of Practice on disciplinary and grievance procedures requires a proper investigation. Ignoring a grievance or treating a disabled employee's absence as a conduct issue rather than a disability can lead to a finding of constructive unfair dismissal and disability discrimination. The award of over £51,000 reflects the seriousness of the trust's failures.
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