Equality manager lost constructive dismissal claim over pandemic exclusion and grievance delay
An NHS trust did not constructively dismiss its Equality, Diversity & Inclusion Manager when he resigned after being temporarily excluded from a COVID-19 group and facing a delayed grievance outcome, the tribunal ruled.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #covid-19
- #exclusion-from-meetings
- #grievance-delay
- #occupational-health
- #stress-risk-assessment
Key facts
- The claimant was employed as an Equality and Diversity Manager from 8 September 2009 until his resignation on 30 October 2020.
- The claimant raised a formal complaint against Mrs Saunders in 2016 which was partially upheld, but mediation never occurred.
- During the COVID-19 pandemic, the claimant was not initially invited to the Covid-19 People Group, but was invited on 20 May 2020.
- The claimant submitted a complaint against Mrs Saunders and Miss Dymond on 4 June 2020, which was investigated and rejected on 21 October 2020.
- The tribunal found that the respondent did not breach the implied term of mutual trust and confidence, either individually or cumulatively.
Timeline
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Employment start
Claimant started employment with the respondent as an Equality and Diversity Manager.
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Mrs Saunders becomes line manager
Mrs Saunders promoted to Executive Director of HR and became the claimant's line manager.
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2016 complaint outcome
Mrs Douglas-Todd's report partially upheld the claimant's complaint against Mrs Saunders, recommending mediation which never occurred.
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First COVID-19 lockdown
England entered lockdown; the claimant worked from home.
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Conversation about BAME risk assessment
Mrs Saunders asked the claimant to work on a BAME risk assessment; tribunal found she did not seek external advice from Asima Chowdhury.
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Invitation to Covid-19 People Group
Mrs Saunders invited the claimant to attend the Covid-19 People Group.
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Senior Leadership Team meeting
Meeting where claimant alleges he was told not to contact staff; tribunal found no exclusion.
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Call with Miss Dymond
Miss Dymond had a 33-minute call with claimant; tribunal found she did not say 'the problem with you is that you are difficult to work with'.
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Claimant submits complaint
Claimant submitted a formal complaint against Mrs Saunders and Miss Dymond.
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Occupational Health report
Occupational Health recommended a stress risk assessment, which was not carried out.
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Appraisal meeting
Claimant raised additional issues; no agreement to add them to the complaint.
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Complaint outcome meeting
Mr Hancock communicated the outcome; tribunal found he did not shout or act inappropriately.
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Resignation
Claimant resigned by letter, stating his position had become untenable.
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ET1 presented
Claimant presented his claim of constructive unfair dismissal.
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Hearing day 1
First day of the substantive hearing via CVP.
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Hearing day 2
Second day of the substantive hearing.
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Judgment date
Reserved judgment dismissing the claim.
The legal issue
The tribunal had to decide whether the trust's conduct — including a brief exclusion from a COVID-19 working group, a delayed grievance process, and a failure to carry out a stress risk assessment — was so serious that it destroyed the trust and confidence needed for the employment relationship, entitling the manager to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal in its entirety.
The key reasons were:
- The exclusion from the Covid-19 People Group was temporary and remedied within a few weeks, so it did not amount to a breach of trust.
- The grievance process, though delayed, was handled appropriately and the outcome was communicated without hostility.
- The failure to conduct a stress risk assessment, while a failing, was not sufficiently serious to justify resignation given the overall context.
No compensation was awarded as the claim failed.
Lessons & takeaways
- A temporary exclusion from a working group that is quickly corrected is unlikely to be a fundamental breach of trust.
- Delays in grievance processes can be problematic, but if the employer acts reasonably overall, they may not justify resignation.
- Failing to carry out a recommended stress risk assessment is a risk for employers, but it may not alone amount to a constructive dismissal.
- Long-serving employees are not automatically protected if the employer's conduct falls short of a serious breach of contract.
When does a manager's conduct justify resignation?
This case shows the high bar for constructive dismissal claims, even for an employee with 11 years' service. The Equality, Diversity & Inclusion Manager resigned after feeling excluded from a COVID-19 working group and frustrated by a delayed grievance process. But the tribunal found that the employer's actions, while not perfect, did not destroy the trust and confidence needed to continue the relationship.
The manager was initially not invited to the Covid-19 People Group in March 2020, but was added in May. The tribunal noted this was a temporary omission, not a deliberate exclusion. Similarly, the grievance he raised in June 2020 took until October to conclude — a delay that the tribunal acknowledged but did not find repudiatory, given the pandemic context and the overall fairness of the process.
What the trust could have done differently
The trust did not carry out a stress risk assessment recommended by Occupational Health in August 2020. This was a failing, but the tribunal considered it in context: the manager had already resigned two months later, and the failure was not part of a pattern of mistreatment. Had the trust conducted the assessment and addressed any issues, it might have avoided the claim entirely.
Why this matters for similar claims
Constructive dismissal requires the employer's conduct to be so serious that it goes to the root of the contract. A single mistake or delay is rarely enough. Employees considering resigning should gather evidence of a clear, serious breach — and ideally raise a grievance first to give the employer a chance to fix it. Here, the manager's resignation was premature in the tribunal's view, and the claim failed.
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