Senior policy adviser loses constructive dismissal claim after grievance process
A senior policy adviser who resigned after her bullying grievance was rejected has lost her constructive unfair dismissal claim. The tribunal found the employer's actions did not breach trust and confidence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a senior policy adviser from 21 February 2019.
- She raised informal complaints about her line manager's behaviour in November 2019.
- On 9 July 2020, her line manager raised her voice during a phone call about a report.
- The claimant went on sick leave on 13 July 2020 due to anxiety and depression.
- She submitted a formal grievance on 16 November 2020, which was not upheld.
- The claimant resigned on 31 August 2021 after the appeal was dismissed.
Timeline
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Employment started
Claimant commenced employment as a senior policy adviser in the negotiations strategy team.
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Informal complaints raised
Claimant raised concerns about her line manager's behaviour to Mr Gooding and Ms Barton.
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Made permanent
Claimant's position was made permanent after a positive probation report.
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Phone call incident
Line manager raised her voice during a series of phone calls about a report.
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Sick leave started
Claimant went on sick leave due to anxiety and depression, sending an email raising concerns.
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Formal grievance submitted
Claimant submitted a formal grievance form alleging bullying and harassment.
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Grievance outcome
Grievance not upheld; no evidence of bullying found.
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Appeal hearing
Appeal hearing took place; claimant did not provide requested information.
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Appeal outcome and resignation
Appeal dismissed; claimant resigned the same day.
The legal issue
The tribunal had to decide whether the employer's conduct, including alleged bullying, a flawed grievance process, and blocking job applications, 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 of constructive unfair dismissal. It found that the employer's actions, including the grievance outcome and handling of job applications, did not breach the implied term of trust and confidence. The employee's resignation was not in response to a repudiatory breach.
No compensation was awarded as the claim was unsuccessful.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer; a flawed grievance process alone may not be enough.
- Employees should ensure they act promptly after the alleged breach, as delay can be seen as affirming the contract.
- Informal complaints may not carry the same weight as formal grievances in establishing a breach of trust and confidence.
- Employers should handle grievances and job transfer requests fairly and transparently to avoid claims of constructive dismissal.
What this case shows in practice
This case illustrates the high bar for constructive unfair dismissal claims. The employee, a senior policy adviser, resigned after her grievance about bullying was not upheld and her appeal dismissed. She argued that the employer's conduct, including the line manager's behaviour, failure to address complaints, and blocking job applications, destroyed trust and confidence. However, the tribunal found that the employer's actions were not sufficiently serious to amount to a repudiatory breach.
What the employer did right
The Department for Environment, Food and Rural Affairs (Defra) had a formal grievance process that was followed, even if the employee disagreed with the outcome. The tribunal noted that the grievance was investigated and the appeal heard, albeit with some delays. The employer also had a legitimate interest in managing attendance and job applications. The key was that the employer's conduct did not cross the line into a fundamental breach.
Why this result matters
This case serves as a reminder that constructive dismissal claims are difficult to win. Employees must show that the employer's conduct was so serious that it went to the root of the employment relationship. A flawed process or disagreement with a grievance outcome is unlikely to be enough. For employers, it highlights the importance of having clear policies and following them, even if the employee is dissatisfied with the result.
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