Sales negotiator constructively dismissed after grievance rejected without a meeting
A sales negotiator with cancer was constructively unfairly dismissed after her employer rejected her grievance about a manager's comment without holding a meeting. The tribunal found a fundamental breach of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Sales Negotiator from 20 February 2017 to 4 March 2021.
- On 20 November 2020, Mr Peters said 'This makes us look shit' in front of colleagues after a mistake by the claimant.
- The claimant raised a formal grievance on 25 November 2020, which was rejected without a meeting.
- The respondent failed to preserve CCTV footage of the 20 November 2020 incident.
- The claimant resigned on 4 February 2021 citing workplace bullying and breach of contract.
Timeline
-
Employment started
Claimant began working as a Sales Negotiator at Bradleys Estate Agents.
-
Cancer diagnosis
Claimant diagnosed with skin cancer and breast cancer.
-
Incident with Mr Peters
Mr Peters made an unprofessional comment 'This makes us look shit' after claimant's mistake, causing her to leave upset.
-
Formal grievance raised
Claimant submitted a formal grievance regarding Mr Peters' conduct and lack of support.
-
Grievance rejected
Mr Hawkins rejected the grievance after investigation, without holding a meeting.
-
Appeal lodged
Claimant appealed the grievance decision.
-
Appeal rejected
Mr Baxter rejected the appeal, also without a meeting.
-
Resignation
Claimant resigned with one month's notice, citing workplace bullying and breach of contract.
-
Employment ended
Claimant's employment terminated.
-
Judgment on liability
Tribunal found claimant was constructively unfairly dismissed.
The legal issue
The tribunal had to decide whether the employer's conduct, including a manager's comment and the handling of the employee's grievance, was so serious that it destroyed the mutual trust and confidence between employer and employee, making the employee's resignation a constructive dismissal.
The outcome
The tribunal found that the employee was constructively unfairly dismissed.
- The manager's comment 'This makes us look shit' in front of colleagues was unprofessional and undermined trust.
- The employer rejected the grievance without holding a meeting, contrary to its own policy which anticipated a hearing.
- The employer failed to preserve CCTV footage of the incident, which the tribunal viewed as a further breach.
- The employee resigned in response to these cumulative breaches.
Damages were not determined in this liability judgment; the case was adjourned for the parties to agree settlement terms.
Lessons & takeaways
- If you raise a formal grievance, your employer should hold a meeting to discuss it — rejecting it without a meeting can be a breach of trust and confidence.
- Employers should preserve relevant evidence, such as CCTV footage, when a grievance is raised — failing to do so may be seen as a breach of the implied term.
- A single unprofessional comment by a manager, if sufficiently serious and combined with poor grievance handling, can contribute to a finding of constructive dismissal.
- Employees with long service (here 4 years) may have stronger claims because the mutual duty of trust and confidence is well established.
What this case shows in practice
This case illustrates how a combination of management behaviour and procedural failures can amount to a fundamental breach of trust and confidence, entitling an employee to resign and claim constructive dismissal. The sales negotiator, who had worked for Bradleys Estate Agents for four years and was undergoing treatment for cancer, was publicly told by her manager 'This makes us look shit' after a mistake. She raised a formal grievance, but the employer rejected it without holding a meeting, despite its own policy stating that 'every opportunity will be given for the grievance to be stated and thoroughly discussed'. The employer also failed to preserve CCTV footage of the incident, which the tribunal considered a further breach.
What the employer could have done differently
Bradleys could have avoided the claim by following its own grievance procedure. A meeting to hear the employee's concerns might have resolved the issue and preserved trust. Preserving the CCTV footage would have allowed a fair investigation. Instead, the cumulative effect of the comment, the lack of a meeting, and the failure to preserve evidence led the tribunal to find that the employer had destroyed the mutual trust and confidence.
Why the result matters
This decision reinforces that employers must take grievances seriously and follow their own procedures. A failure to hold a grievance meeting, especially when the policy anticipates one, can be a key factor in a constructive dismissal claim. It also highlights that even a single comment, when combined with other failures, can contribute to a breach of trust. For employees, it shows that resigning in response to such breaches can lead to a successful unfair dismissal claim, even without a prior warning.
Similar cases
Constructive dismissal claim fails after informal complaints not pursued as grievances
An Operational Support Grade at HMP Garth who resigned after alleging bullying and poor complaint handling lost her constructive unfair dismissal claim. The tribunal found the employer acted reasonably and the complaints were not formal grievances.
Remote worker's constructive dismissal claim fails over grievance handling
A Sales Administrator with 11 years' service resigned after a workplace argument and poor communication, but the tribunal found no fundamental breach of contract or discrimination.
Area manager's constructive dismissal claim fails after resignation by email
An area manager with 8 years' service resigned by email after his grievance was rejected. The tribunal found he was not constructively dismissed because the employer's conduct did not amount to a fundamental breach of trust and confidence.
National Sales Manager loses constructive dismissal claim over bonus plan dispute
A National Sales Manager who resigned after a bonus plan dispute and alleged bullying has lost her claims for constructive unfair dismissal and unlawful deductions from wages. The tribunal found no breach of trust and confidence.