NHS clerical receptionist loses constructive dismissal claim over grievance handling
An NHS clerical receptionist who resigned after receiving a copy of a letter meant for her manager has lost her constructive unfair dismissal claim. The tribunal found no repudiatory breach of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 28 October 2021 giving one month's notice.
- The claimant had secured an unconditional offer of alternative employment before resigning.
- The only admitted inappropriate conduct by Mr Robson was calling the claimant 'Hagrid' in August 2020.
- The claimant withdrew a previous resignation in October 2020 after Mr Robson resolved her concerns.
- The claimant's grievance was investigated and partially upheld regarding banter, but no formal action was taken.
Timeline
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Employment started
Claimant commenced work as a Band 2 clerical receptionist working 24 hours a week.
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Hagrid comment
Mr Robson called the claimant 'Hagrid' and used inappropriate language; he later admitted this.
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First resignation
Claimant resigned citing lack of career progression; she withdrew the resignation after Mr Robson addressed her concerns.
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Alleged shouting incident
Claimant alleged Mr Robson shouted at her; Mr Robson denied shouting and the tribunal accepted his evidence.
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Meeting with Mr Nwonwu
Mr Nwonwu met with claimant to discuss complaints from Ms D about malicious rumours.
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Grievance submitted
Claimant submitted a formal grievance against Mr Robson.
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Applied for new job
Claimant applied for a Band 5 role at Barking NHS Trust.
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Interview for new job
Claimant was interviewed and offered the role at Barking NHS Trust.
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Grievance outcome
Mr Nwonwu sent outcome letters; claimant accidentally received copy of letter to Mr Robson.
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Resignation
Claimant resigned, citing the offer of a temporary role with Sharon Tudor as the last straw.
The legal issue
The tribunal had to decide whether the NHS Trust committed a fundamental breach of the implied term of mutual trust and confidence, and whether the receptionist resigned in response to that breach or for other reasons, such as a new job offer.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
The key reason was that the receptionist had already secured an unconditional job offer before resigning, and the last straw incidents—being offered a role with a colleague she disliked and accidentally receiving a copy of a letter meant for her manager—did not amount to a repudiatory breach by the Trust. The tribunal also found that the Trust had investigated her grievance and partially upheld it, and that the only admitted inappropriate conduct was a single 'Hagrid' comment made over a year before her resignation.
No compensation was awarded as the claim failed.
Lessons & takeaways
- If you resign after securing another job, a tribunal may find that you left for that opportunity, not because of your employer's conduct.
- A single insensitive comment, if not part of a pattern, is unlikely to amount to a fundamental breach of trust and confidence.
- Accidentally receiving a confidential letter is not automatically a breach of contract—it depends on the context and whether it was a genuine mistake.
- Having a lay representative can work, but be prepared for the tribunal to expect you to understand the legal issues and procedure.
A resignation driven by a new opportunity
This case shows how difficult it can be to prove constructive dismissal when the employee has already lined up another job. The receptionist had applied for and accepted a Band 5 role at a different NHS trust before she resigned. The tribunal concluded that her decision to leave was driven by that new opportunity, not by any breach of contract by her employer.
The receptionist had raised a grievance about her manager's behaviour, including a 'Hagrid' comment and alleged shouting. The Trust investigated and partially upheld the complaint about banter, but took no formal action. The receptionist then accidentally received a copy of the grievance outcome letter addressed to her manager, which noted that he did not wish to work with her again. She also discovered that a temporary role she was offered would involve working with a colleague she disliked. She cited these as the 'last straw'.
What the Trust could have done differently
The Trust's handling of the grievance was not perfect—the accidental disclosure of the letter was unfortunate. However, the tribunal noted that the Trust had followed its procedures and that the receptionist had withdrawn a previous resignation after her concerns were addressed. The key failing from the receptionist's perspective was that the Trust did not take formal disciplinary action against the manager. But the tribunal found that the Trust's response was not so unreasonable as to destroy trust and confidence.
Why this result matters
This case reinforces that constructive dismissal claims require a fundamental breach of contract by the employer. An employee who resigns after securing alternative employment will face an uphill battle to show that the resignation was caused by the employer's conduct. It also highlights that isolated incidents, even if insensitive, are unlikely to be enough—especially if the employer has taken reasonable steps to address them.
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