Constructive dismissal after employer ignored grievance: ACAS uplift applied

What this case shows

This case is a textbook example of constructive dismissal caused by poor grievance handling. The employee had been off sick for nearly two years when she raised a grievance. Instead of dealing with it, the employer left her waiting for months. By the time they offered a meeting, the arrangements were unworkable – her union rep was restricted, and she was expected to return to the very place where she said she had been bullied. She resigned, and the tribunal agreed that the employer had destroyed the trust and confidence needed for the employment relationship.

What the employer could have done differently

The employer's key mistake was delay. A grievance should be investigated and responded to within a reasonable time. Here, the employee waited so long that when a meeting was finally proposed, it was too little, too late. The employer also failed to consider alternatives – such as holding the meeting at a neutral venue or allowing a different representative. A prompt, fair process might have avoided the resignation and the claim.

Why this matters

The case also shows the importance of the ACAS Code of Practice. Because the employer ignored the grievance without reasonable cause, the tribunal increased the compensatory award by 25%. This uplift is designed to encourage employers to follow proper procedures. For employees, it means that if your employer unreasonably fails to handle a grievance or disciplinary matter, you may be entitled to extra compensation.

The compensation

The tribunal awarded a basic award of £1,093.50 (based on three years' service and age over 41) and a compensatory award of £10,345.00, which included the 25% uplift. The total of £11,438.50 reflects the employee's actual financial losses, but the tribunal did not award anything for injury to feelings as no separate claim was pursued.