Railway signaller wins constructive dismissal case after employer ignored grievance outcome
A railway signaller who resigned after his employer failed to discipline a bullying manager as promised by a grievance outcome has won his constructive unfair dismissal claim. The tribunal found a breach of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a railway signaller from June 2020.
- The claimant raised a grievance against his line manager, Mr Archibald, for bullying and harassment.
- The grievance was upheld and recommended mediation, with disciplinary action if mediation failed.
- The respondent's manager, Mr Scott, refused to consider disciplinary action against Mr Archibald.
- The claimant resigned on 15 March 2022 after mediation failed and he felt unable to return to work.
- The tribunal found the respondent breached the implied term of trust and confidence by failing to follow the grievance outcome.
Timeline
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Employment started
Claimant began working as a railway signaller at Bristol Panel Signal Box.
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Mr Archibald became line manager
Mr Archibald became the Bristol local Operations Manager and the claimant's line manager.
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Claimant went off sick
Claimant went off sick due to stress and anxiety caused by Mr Archibald's behaviour.
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Grievance raised
Claimant raised a formal grievance against Mr Archibald.
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Grievance outcome
Mr Mellon sent outcome letter upholding the grievance, recommending mediation and stating that if mediation fails, the matter should proceed to disciplinary process.
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Returned to work
Claimant returned to work at Bishton Crossing on a phased return.
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Mediation attempted
Workplace mediation took place but was unsuccessful; claimant unable to face Mr Archibald.
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Welfare meeting
Meeting with Mr Scott; claimant expressed that mediation would not work; Mr Scott dismissed disciplinary action.
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Derogatory remark
Mr Archibald made a derogatory remark about the claimant, reported to the claimant.
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Further welfare meeting
Mr Scott again refused to consider disciplinary action; claimant agreed to a phased return to Bristol.
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Returned to Bristol
Claimant returned to work at Bristol panel but felt anxious about encountering Mr Archibald.
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Resignation
Claimant resigned, stating he had no choice but to leave.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed because his employer failed to take disciplinary action against his line manager after a grievance was upheld, thereby breaching the implied term of trust and confidence.
The outcome
The tribunal found that the claimant was constructively unfairly dismissed. The key reason was that Network Rail's manager, Mr Scott, refused to consider disciplinary action against the claimant's line manager, Mr Archibald, after a grievance was upheld and mediation failed. This breached the implied term of trust and confidence.
Compensation is to be decided at a later hearing, but the tribunal has indicated a 30% Polkey reduction to reflect the chance that the claimant would have resigned anyway.
Lessons & takeaways
- If a grievance outcome promises disciplinary action, failing to follow through can be a breach of trust and confidence, leading to a constructive dismissal claim.
- Employers should take grievances seriously and ensure that agreed outcomes are implemented, especially when they involve addressing bullying or harassment.
- Constructive dismissal claims can succeed even if the employee has only two years' service, provided the employer's conduct is serious enough.
- Mediation is not a substitute for disciplinary action if the grievance outcome explicitly requires it.
This case shows what can happen when an employer fails to follow through on its own grievance process. The claimant, a railway signaller with just two years' service, raised a grievance against his line manager for bullying and harassment. The grievance was upheld, and the outcome letter stated that if mediation failed, the matter would proceed to a disciplinary process. But when mediation did fail, the respondent's manager, Mr Scott, refused to consider disciplinary action, leaving the claimant feeling he had no choice but to resign.
What the employer could have done differently
Network Rail could have avoided this claim by simply following the grievance outcome it had set. The tribunal noted that Mr Scott's refusal to even consider disciplining Mr Archibald was a clear breach of the implied term of trust and confidence. The employer could have taken steps such as issuing a warning, requiring training, or moving the line manager to a different site. Instead, it left the claimant in an impossible position.
Why this matters
This case is a reminder that constructive dismissal claims can succeed even with short service, and that employers must take their own grievance outcomes seriously. The tribunal applied a 30% Polkey reduction, meaning it accepted that there was a chance the claimant would have resigned anyway, but the core finding of unfair dismissal stands. For employees, it shows that resigning in response to a serious breach of trust can be a valid route to a claim, provided the employer's conduct is sufficiently serious.
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