Security officer loses constructive dismissal claim over grievance handling
A security officer with 20 years' service resigned after a grievance process he said was flawed. The tribunal dismissed his constructive unfair dismissal claim, finding no repudiatory breach of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant started work as a security officer on 2 April 2002, transferring to the respondent on 1 August 2021.
- An investigation into the claimant's 2019 absences was opened but never concluded; it was closed as defunct in November 2020.
- In September 2021 the claimant received an informal verbal warning for absences, which was later rescinded after he complained.
- The claimant raised a grievance in January 2022 alleging fraud by his manager; the grievance was not upheld and the appeal was dismissed.
- The claimant resigned on 13 June 2022, citing a flawed grievance process and claiming constructive dismissal.
Timeline
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Employment started
The claimant commenced employment with Axis Security Limited as a security officer.
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Investigation meeting invited
The claimant was invited to an investigation meeting regarding absenteeism concerns.
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Investigation meeting held
The claimant attended the meeting and requested the manager recuse himself; no minutes were produced.
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Return to work meeting
Albert Bakole held a return to work meeting after the claimant's absences on 31 Oct and 1 Nov 2020.
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Investigation closed
Mr Gilbert emailed the claimant stating the 2019 investigation was closed as defunct due to time elapsed.
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TUPE transfer
The claimant's employment transferred to Bidvest Noonan (UK) Limited.
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Informal absence review meeting
The claimant refused to participate in a meeting chaired by Joe Boyle, claiming he was not a manager.
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Second absence meeting
Mr Gilbert held an informal meeting; the claimant said he was told no further action would be taken.
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Informal verbal warning issued
Mr Gilbert issued an informal verbal warning for 2021 absences, contrary to the earlier assurance.
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Meeting with Mr Eltayib
Mr Eltayib told the claimant the 2019 investigation had been referred to him but he lost oversight.
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Warning rescinded
Mr Eltayib rescinded the informal verbal warning and apologised.
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Grievance raised
The claimant raised a grievance against Mr Gilbert, alleging fraudulent misrepresentation.
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Grievance meeting
Tim Hardy-Wallace held a grievance meeting with the claimant.
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Grievance outcome
Mr Hardy-Wallace did not uphold the grievance, finding no evidence of fraud.
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Appeal lodged
The claimant appealed the grievance decision.
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Appeal hearing
Dilwyn Evans heard the appeal.
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Appeal outcome
Mr Evans did not uphold the appeal.
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Resignation
The claimant resigned, citing a flawed grievance process and claiming constructive dismissal.
The legal issue
The tribunal had to decide whether the employer's conduct, including the handling of an absence investigation and a grievance process, was so serious that it destroyed or seriously damaged the trust and confidence between employer and employee, making the resignation a constructive dismissal.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal.
Key reasons:
- The claimant resigned after a grievance process he believed was flawed, but the tribunal found that the respondent's actions did not breach the implied term of trust and confidence in a fundamental way.
- The 2019 absence investigation was mishandled, but it was closed as defunct in November 2020, and the claimant continued to work for over a year before resigning.
- The informal verbal warning issued in September 2021 was rescinded and apologised for, and the grievance process, while not perfect, was conducted in a reasonable manner.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- A single flawed process or mistake by an employer does not automatically amount to a constructive dismissal - the breach must be fundamental and go to the root of the employment relationship.
- Continuing to work for a significant period after an alleged breach can be seen as affirming the contract, weakening a constructive dismissal claim.
- Employers should ensure that absence investigations and grievance processes are handled promptly and fairly, but minor procedural errors may not be enough to justify resignation.
- If you believe your employer has breached your trust, consider raising a grievance first rather than resigning immediately, as the employer may rectify the issue.
This case shows the high bar for proving constructive dismissal, even where an employer's processes are not perfect. The security officer, who had 20 years of service, felt that his employer's handling of an absence investigation and a subsequent grievance had destroyed the trust between them. However, the tribunal concluded that while there were some missteps, they did not amount to a fundamental breach of contract.
What went wrong for the claimant
The claimant's case was weakened by the fact that he continued to work for over a year after the 2019 investigation was closed, and he accepted the rescinding of the informal warning in October 2021. By continuing to work, he arguably affirmed the contract. The tribunal also noted that the grievance process, while not flawless, was conducted by managers who made reasonable efforts to investigate his allegations.
What the employer could have done differently
The employer could have handled the 2019 absence investigation more promptly and kept the claimant informed. The informal verbal warning issued in September 2021 should have been avoided, as it contradicted an earlier assurance. However, the employer did rectify this by rescinding the warning and apologising.
Why this matters for similar claims
This case highlights that constructive dismissal claims are difficult to win, especially if the employee does not resign promptly after the alleged breach. Employees should consider raising a formal grievance first, giving the employer a chance to address concerns. Employers should ensure that processes are fair and consistent, but minor errors may not be enough to justify a finding of constructive dismissal.
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