Nursery practitioner's constructive dismissal claim succeeds after grievance mishandled

A breakdown of trust

The case shows how a poorly handled grievance can destroy the employment relationship. The nursery practitioner had been on long-term sick leave with Complex Regional Pain Syndrome. When she saw Facebook posts by the nursery's director and others that she believed mocked her illness, she raised a formal grievance. Instead of investigating, the director dismissed the grievance outright and accused the claimant of harassment. The tribunal found this response was a fundamental breach of the implied term of trust and confidence, giving the claimant the right to resign and claim constructive unfair dismissal.

What the employer could have done differently

The respondent's handling of the grievance was the critical failure. A proper investigation—speaking to the claimant, reviewing the posts, and considering her concerns—would likely have avoided the breach. The director's personal Facebook post, while not itself a breach, triggered the grievance, and the employer's response turned a manageable situation into a legal claim. Offering an appeal process might also have repaired trust.

Why this matters

This case highlights that constructive dismissal can arise from the way an employer handles a grievance, not just the original incident. For employees, it shows that a grievance must be taken seriously and investigated fairly. For employers, it is a reminder that even off-duty social media posts by managers can create workplace issues, and that a flawed grievance process can be more damaging than the original complaint.