47-year Scripture Reader loses constructive dismissal claim after resigning over grievance failures
A Scripture Reader with 47 years' service resigned claiming a breakdown in trust after her employer failed to implement grievance recommendations. The tribunal found no fundamental breach of contract and dismissed her claim.
2 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #trust-and-confidence
- #grievance-recommendations
- #it-training
- #furlough
- #performance-concerns
Key facts
- The claimant was employed as a Scripture Reader from 1 September 1974 to 31 December 2021.
- The claimant was furloughed from April to October 2020 due to being over 70 and clinically vulnerable.
- On 2 December 2020, Rev Hill raised concerns about the claimant's independent working style for the first time.
- The claimant's grievance in April 2021 was not upheld, but recommendations including mediation were made.
- The respondent did not implement the grievance recommendations, citing the claimant's rejection of the outcome.
- The claimant resigned on 27 December 2021, citing breaches of trust and confidence.
Timeline
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Employment started
The claimant began working for the respondent as a Scripture Reader.
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Meeting with Chaplain-in-Chief
Mr Hill met the Chaplain-in-Chief who expressed concerns about the claimant's independent working style.
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Furlough started
The claimant was placed on furlough under the Coronavirus Job Retention Scheme.
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Returned from furlough
The claimant returned to work after furlough, later than some other Scripture Readers due to her age.
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Meeting with Rev Hill
Rev Hill raised concerns about the claimant's independent working style for the first time, causing upset.
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Grievance submitted
The claimant's solicitors submitted a formal grievance about various issues.
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Grievance outcome
The grievance was not upheld but recommendations including mediation were made.
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Letter of instructions
Mr Hill sent a letter requiring the claimant to use IT and work closely with the chaplaincy team.
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Resignation
The claimant resigned, citing breaches of trust and confidence.
The legal issue
The tribunal had to decide whether the employer's actions—including delaying return from furlough, raising performance concerns without notice, failing to provide IT training, and not implementing grievance recommendations—amounted to a fundamental breach of the implied term of trust and confidence, entitling the employee to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal. It found that while the employer's handling of the situation was not perfect, none of the alleged breaches individually or collectively were sufficiently serious to destroy or seriously damage the trust and confidence between the parties. The employee had also affirmed the contract by continuing to work for several months after the alleged breaches. No compensation was awarded.
Lessons & takeaways
- If you are considering resigning and claiming constructive dismissal, you must resign promptly after the breach—continuing to work for months may be seen as affirming the contract.
- A single act of poor management, such as failing to implement grievance recommendations, is unlikely on its own to amount to a fundamental breach of trust and confidence.
- Employers should ensure that grievance recommendations are implemented or clearly explained if not, to avoid claims of a breakdown in trust.
- Long service alone does not automatically make an employer's conduct a breach—the test is whether the conduct was calculated or likely to destroy trust and confidence.
A long career ends in dispute
This case shows how even a 47-year career can end in acrimony when communication breaks down. The Scripture Reader, who had worked for the same organisation since 1974, found herself at odds with management after returning from furlough. Concerns about her working style were raised for the first time in December 2020, causing her distress. She submitted a formal grievance, which was not upheld, but recommendations—including mediation—were made. However, the employer did not implement those recommendations, citing her rejection of the outcome.
What the tribunal looked at
The employee argued that the employer's conduct—delaying her return from furlough, raising performance concerns without notice, failing to provide IT training, and ignoring grievance recommendations—destroyed trust and confidence. The tribunal examined each allegation carefully. It found that the delay in returning from furlough was justified due to her age and vulnerability. The performance concerns, though poorly handled, were not raised in a humiliating way. The lack of IT training was not a breach because she had managed without it. And while the failure to implement grievance recommendations was regrettable, it did not go to the root of the contract.
Why the claim failed
The key reason the claim failed was that the tribunal did not find any fundamental breach of contract. The employee had also continued to work for several months after the alleged breaches, which the tribunal saw as affirming the contract. The tribunal noted that the employer's actions, while not perfect, were within the range of reasonable responses. For employees considering a constructive dismissal claim, this case highlights the importance of resigning promptly and ensuring the alleged breach is serious enough to justify leaving.
What this means for similar claims
This case is a reminder that constructive dismissal claims are hard to win. The employee must show that the employer's conduct was so serious that it destroyed the trust and confidence essential to the employment relationship. A series of minor failings, even if frustrating, will not usually meet that threshold. Employers should take note that failing to implement grievance recommendations can be a risk, but it is not automatically fatal. Clear communication and a willingness to address concerns can go a long way to avoiding disputes.
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