Partial win £9,020 awarded Employment Tribunal · 11 September 2019

Web developer dismissed after grievance: employer partly to blame for relationship breakdown

A web developer with 10 years' service was unfairly dismissed after a breakdown in working relationships following her grievance. The tribunal found the employer bore some responsibility and failed to consider alternatives, but reduced compensation by 60% for her contributory conduct.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was employed from July 2007 until dismissal on 1 November 2017.
  • She raised a grievance in June 2016 alleging gender-based harassment, which was investigated by an external HR consultant.
  • The claimant continued to refer to historic matters after the grievance outcome, leading to warnings about insubordination.
  • The respondent dismissed the claimant due to an alleged irretrievable breakdown in working relationships.
  • The tribunal found the dismissal unfair because the respondent bore some responsibility for the breakdown and failed to consider alternatives adequately.
  • A 60% contributory fault deduction was applied for the claimant's blameworthy conduct.

Timeline

  1. Employment started

    Claimant commenced employment with a predecessor business, later transferring to Air Business Ltd.

  2. First grievance raised

    Claimant raised a grievance alleging bullying by colleagues; it was not upheld.

  3. Bar incident

    A drink was thrown at the claimant at a work event; investigation inconclusive.

  4. Meeting with Mr Taylor

    Claimant complained to Group IT Director about bullying; he noted she seemed unable to move on.

  5. Promotion decision

    Claimant was unsuccessful in application for senior web developer role.

  6. 2016 grievance (protected act)

    Claimant lodged a 10-page grievance alleging gender-based harassment and a campaign of bullying.

  7. Grievance outcome

    Ms Satterthwaite upheld only minor findings; offered mediation and counselling.

  8. Moving forward meeting

    Meeting with Ms Satterthwaite; claimant expressed desire to leave on redundancy terms; settlement offer made.

  9. Warning letter

    Ms Satterthwaite warned claimant that refusal to comply with instructions could be insubordination.

  10. Dismissal meeting

    Mr Taylor dismissed claimant due to irretrievable breakdown in working relationships.

  11. Appeal hearing

    Appeal heard by external HR consultant Mr Hall; appeal dismissed.

The outcome

The tribunal found that the dismissal was procedurally unfair. The employer had contributed to the breakdown by failing to address the employee's long-standing grievance effectively and by not exploring alternatives like mediation or a settlement agreement. However, the employee's own conduct, including repeatedly raising historic issues and failing to move on, was found to be blameworthy, leading to a 60% reduction in compensation.

Compensation awarded:

  • Basic award: £2,934.00
  • Compensatory award: £5,585.50 (after 60% reduction)
  • Total: £9,019.50

Lessons & takeaways

  • Employers should consider mediation or other alternatives before dismissing for a breakdown in working relationships, especially where they have contributed to the breakdown.
  • Employees who raise grievances should be careful not to repeatedly refer to historic matters after the grievance has been resolved, as this can be seen as blameworthy conduct.
  • A long-serving employee is entitled to a fair process; failing to consider alternatives to dismissal can render a dismissal unfair even if relationships have broken down.

This case shows how a long-standing grievance can spiral into a breakdown in working relationships, leading to dismissal. The employee, a web developer with 10 years' service, raised a grievance in 2016 alleging gender-based harassment. Although the grievance was investigated and partially upheld, the employee continued to refer to historic matters, leading to warnings about insubordination. The employer eventually dismissed her, citing an irretrievable breakdown in working relationships.

What went wrong

The tribunal found that the employer had contributed to the breakdown by failing to address the employee's concerns effectively and by not considering alternatives such as mediation or a settlement agreement. The employer's decision to dismiss was therefore outside the range of reasonable responses. However, the employee's own conduct, including repeatedly raising the same issues and failing to comply with instructions, was also blameworthy, resulting in a 60% reduction in compensation.

What could have been done differently

The employer could have taken steps to rebuild trust, such as offering mediation earlier or considering a transfer to a different team. The employee could have focused on moving forward rather than revisiting past grievances. Both sides contributed to the breakdown, and a more collaborative approach might have avoided the need for dismissal.

Why this matters

This case highlights that employers cannot simply blame an employee for a breakdown in relationships if they have played a part in causing it. A fair process requires considering all options, especially for long-serving employees. Employees, too, should be aware that their own conduct can reduce compensation if it contributes to the breakdown.

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