Crime Scene Investigator wins constructive dismissal after Covid safety concerns ignored
A Crime Scene Investigator with 13 years' service resigned after his employer failed to act on a grievance report that backed his health and safety concerns. The tribunal found he was constructively unfairly dismissed.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #covid-19
- #clinically-vulnerable
- #risk-assessment-errors
- #whistleblowing
- #capability-procedure
- #failure-to-investigate
Key facts
- The claimant was a Crime Scene Investigator and clinically vulnerable due to diabetes and hypertension.
- The respondent's Covid-19 risk assessment for the CSI suite contained inaccuracies regarding floor tape, screens, and clear desk policy.
- The claimant raised health and safety concerns and made protected disclosures in September 2020.
- The respondent commenced a capability procedure after the claimant refused to return to work.
- An internal grievance report acknowledged some of the claimant's concerns and made recommendations, but the respondent took no action on them.
- The claimant resigned after receiving a letter from a new manager that ignored the grievance report recommendations.
Timeline
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First lockdown begins
All CSIs required to work from home. Claimant, as clinically vulnerable, given administrative tasks.
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Manager contacts claimant about return to work
Ms Miller wrote to claimant about returning to operational duties, but did not address his concerns as a clinically vulnerable person.
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Occupational health referral
Ms Miller completed an OH referral for claimant to return to full operational duty.
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Force Medical Advisor report
FMA confirmed claimant at increased risk of severe complications from Covid-19 and required strict social distancing.
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Claimant visits CSI suite
Claimant visited the CSI suite and took photographs, discovering that the risk assessment measures (floor tape, screens) were not in place.
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Personal Risk Assessment meeting
Meeting held to discuss phased return. Claimant left early due to stress and lack of trust.
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Protected disclosure made
Claimant sent a letter asserting health and safety concerns and that the risk assessment was inaccurate.
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Grievance submitted
Claimant submitted an Issue Resolution (grievance) regarding his safety concerns.
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Capability process commenced
Respondent invited claimant to a formal capability meeting due to his failure to return to work.
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Stage 1 capability hearing
Held remotely; claimant was issued a formal support plan but remained off sick with stress.
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Grievance report issued
Inspector Huggins' report acknowledged some legitimacy in claimant's concerns and made recommendations.
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Claimant receives grievance report
Claimant received the report and expected action on recommendations, but heard nothing further.
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New manager's letter
Mr Cooper wrote to claimant about return to work, making no reference to the grievance report recommendations.
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Claimant resigns
Claimant resigned, citing the failure to address the grievance report as the final straw.
The legal issue
The tribunal had to decide whether the employer's conduct – including errors in a Covid-19 risk assessment, a capability process against a clinically vulnerable employee, and failure to act on a grievance report – amounted to a repudiatory breach of contract, entitling the claimant to resign and claim constructive unfair dismissal.
The outcome
The tribunal upheld the claim for constructive unfair dismissal, finding that the respondent's conduct destroyed the mutual trust and confidence needed for the employment relationship.
Key reasons:
- The respondent's Covid-19 risk assessment for the CSI suite contained inaccuracies about floor markings, screens and desk policy.
- The claimant, who was clinically vulnerable, raised legitimate health and safety concerns and made protected disclosures.
- Instead of addressing those concerns, the respondent started a capability procedure.
- An internal grievance report acknowledged some of the claimant's concerns and made recommendations, but the respondent took no action.
- The final straw was a letter from a new manager that ignored the grievance report, prompting the claimant to resign.
Compensation: To be determined at a remedy hearing.
Lessons & takeaways
- If you are clinically vulnerable and raise health and safety concerns about workplace Covid measures, your employer must take them seriously and investigate properly.
- Starting a capability process against an employee who has raised genuine safety concerns can be seen as undermining trust and confidence.
- An internal grievance report that acknowledges employee concerns should be acted on; ignoring it can be the final straw in a constructive dismissal claim.
- Employers should ensure risk assessments are accurate and updated, especially when an employee points out errors.
When safety concerns go unheard
This case shows what can happen when an employer fails to take an employee's health and safety concerns seriously, particularly during the pandemic. The claimant, a Crime Scene Investigator with 13 years' service, was clinically vulnerable due to diabetes and hypertension. When he raised concerns about inaccuracies in the Covid-19 risk assessment for his workplace, the employer responded by starting a capability procedure rather than addressing the issues.
The final straw
The claimant had made protected disclosures and submitted a grievance. An internal report acknowledged some of his concerns and made recommendations, but the employer took no action. Months later, a new manager sent a letter about returning to work that completely ignored the grievance report. For the tribunal, this was the final straw that justified the claimant's resignation.
What the employer could have done differently
The respondent could have avoided this outcome by: acknowledging the errors in the risk assessment when first raised; properly investigating the claimant's health and safety concerns; and acting on the recommendations of the internal grievance report. Instead, the capability process and the failure to respond to the grievance destroyed trust and confidence.
Why this matters
This case is a reminder that employers must take health and safety concerns seriously, especially for vulnerable employees. Ignoring a grievance report that supports the employee's position can be a breach of contract. For employees in similar situations, it shows that resigning in response to a serious breach of trust can lead to a successful constructive dismissal claim, even if other claims (like automatic unfair dismissal for whistleblowing) do not succeed.
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