Medical secretary's constructive dismissal claim fails: workload complaints investigated reasonably
An NHS medical secretary who resigned over workload and grievance handling lost her constructive unfair dismissal claim. The tribunal found the Trust had not breached the implied term of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #workload-complaints
- #occupational-health-referral
- #grievance-procedure
- #redeployment
- #pandemic-context
Key facts
- The claimant was employed as a medical secretary from 1 April 2009 until her resignation on 11 December 2020.
- The claimant raised concerns about heavy workload and stress from 2016 onwards.
- The respondent commissioned three workload reviews, none of which showed the claimant's workload was heavier than colleagues'.
- The claimant raised a formal grievance in May 2020, which was partly upheld for poor communication.
- A second grievance in July 2020 was investigated by Katherine Horner, who found no evidence of falsification or bias.
- The claimant resigned citing lack of updates on redeployment, but the tribunal found she was informed she would need to apply for roles.
Timeline
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Employment started
Claimant began employment as a medical secretary.
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First workload complaint
Claimant emailed about heavy workload, leading to first workload review in October 2016.
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Stress email
Claimant emailed about stress; manager offered to take over booking of clinics.
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Occupational Health referral declined
Manager referred claimant to Occupational Health, but she declined to attend.
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Difficult phone call
Claimant had a heated call with manager, put phone down; manager did not pursue discipline.
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Sickness absence started
Claimant began sick leave for stress, initially reported as non-work-related.
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First grievance raised
Claimant raised formal grievance against manager.
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First grievance outcome
Grievance partly upheld for poor communication.
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Second grievance raised
Claimant filed second grievance.
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Second grievance outcome meeting
Outcome of second grievance investigation was communicated.
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Resignation
Claimant resigned, citing lack of updates on redeployment.
The legal issue
The tribunal had to decide whether the employer's handling of workload complaints, grievance procedures, and redeployment amounted to a fundamental breach of the implied term of trust and confidence, entitling the employee to resign and claim constructive dismissal.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal. It found that the respondent had not breached the implied term of trust and confidence.
Key reasons:
- The Trust commissioned three workload reviews, none of which showed the claimant's workload was heavier than colleagues'.
- The first grievance was partly upheld for poor communication, and the second grievance was investigated by an independent manager who found no evidence of falsification or bias.
- The claimant was informed that redeployment required applying for roles, and she resigned before receiving a further update.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Keep a written record of all workload concerns and the employer's responses, as tribunals will examine whether the employer took reasonable steps to investigate.
- If you raise a grievance, ensure you engage fully with the investigation process; failing to attend meetings or provide evidence can weaken your case.
- Constructive dismissal requires a fundamental breach of contract – a series of minor issues may not be enough, especially if the employer has addressed them in a reasonable manner.
- Resigning before the employer has had a reasonable chance to respond to your concerns can undermine a constructive dismissal claim.
When workload complaints don't add up to constructive dismissal
This case shows the difficulty of proving constructive dismissal when an employer has taken reasonable steps to address an employee's concerns. The medical secretary, who had 11 years' service, raised workload and stress issues from 2016 onwards. The Trust responded by commissioning three separate workload reviews, none of which found her workload to be heavier than that of her colleagues. When she raised formal grievances, they were investigated, and at least one was partly upheld.
What the employer did right
The tribunal noted that the Trust did not ignore the claimant's complaints. It offered occupational health support (which she declined), and when she had a difficult phone call with her manager, the manager did not pursue disciplinary action. The second grievance was investigated by an independent manager, Katherine Horner, who found no evidence of the alleged falsification or bias. The claimant was also informed that redeployment would require her to apply for advertised roles.
Why the claim failed
For a constructive dismissal claim to succeed, the employee must show that the employer's conduct was so serious that it fundamentally breached the contract of employment, and that the employee resigned in response to that breach. Here, the tribunal found that the Trust's actions – including the workload reviews, grievance investigations, and communication about redeployment – did not amount to a breach of the implied term of trust and confidence. The claimant's resignation was therefore not a dismissal, and the claim was dismissed.
This case serves as a reminder that employers who follow proper procedures and investigate complaints in a reasonable manner are likely to defend constructive dismissal claims successfully, even when the employee feels unsupported.
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