Ignored grievance leads to constructive dismissal win for furloughed worker
A sales representative who resigned after his employer failed to progress his grievance for over two months has been awarded £7,802 for constructive unfair dismissal. The tribunal rejected his race discrimination claim.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #grievance-delay
- #furlough
- #race-discrimination
- #polkey-reduction-refused
- #mitigation-of-loss
Key facts
- The claimant worked as a Sales and Service Representative and later as an Automotive Waste Representative from 19 January 2015.
- He was furloughed from 6 April 2020 due to the COVID-19 pandemic.
- On 30 October 2020, the respondent warned him of potential redundancy.
- He lodged a grievance on 10 November 2020, which was not progressed despite multiple chases.
- He resigned on 22 January 2021, citing the respondent's failure to deal with his grievance and alleging race discrimination.
- The respondent conceded it constructively dismissed the claimant by failing to deal with his grievances.
Timeline
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Employment started
Claimant began work as a Sales and Service Representative.
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Role change
Claimant became an Automotive Waste Representative.
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Furlough agreed
Claimant agreed to be furloughed due to COVID-19.
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Redundancy warning
Ms Cowling telephoned claimant to warn of potential redundancy.
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Grievance lodged
Claimant accepted further furlough and lodged a grievance about potential redundancy.
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Grievance chased
Claimant chased grievance; Ms Cowling said she was still investigating.
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Resignation
Claimant resigned, citing failure to deal with grievance and alleging race discrimination.
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Resignation acknowledged
Respondent acknowledged resignation.
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Hearing start
Substantive hearing began at Nottingham Employment Tribunal.
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Judgment given
Tribunal found constructive unfair dismissal but dismissed race discrimination claim.
The legal issue
The tribunal had to decide whether the employer's failure to handle the claimant's grievance (about potential redundancy) was a fundamental breach of contract that entitled him to resign, and whether that failure was because of his mixed white/black Caribbean race.
The outcome
The tribunal upheld the constructive unfair dismissal claim but dismissed the race discrimination claim.
- Basic award: £2,361.46
- Compensatory award: £5,441.02 (including £500 for loss of statutory rights and £4,941.02 for loss of earnings)
- Total: £7,802.48
No Polkey or contributory fault reductions were applied.
Lessons & takeaways
- If you are furloughed and receive a redundancy warning, raise a grievance promptly and keep a record of all chases.
- Employers must deal with grievances within a reasonable time; ignoring them for months can amount to a fundamental breach of contract.
- A successful constructive dismissal claim does not require proof of discrimination; the breach itself is enough.
- Representing yourself at tribunal is possible but complex; consider seeking advice if your claim includes discrimination elements.
When silence breaks the contract
A five-year employee of Safety-Kleen U.K. Ltd was furloughed during the pandemic. When the company warned him of potential redundancy, he raised a formal grievance. That grievance was then ignored for over two months despite repeated follow-ups. The employee resigned, citing the company's failure to deal with his concerns.
What the tribunal found
The tribunal accepted that the employer's inaction was a fundamental breach of the implied term of trust and confidence. The employee had done everything he could to progress his grievance, but the company simply did not respond. This left him with no choice but to resign. The tribunal awarded £7,802.48 in compensation, including loss of earnings for the period after his resignation.
What the employer could have done differently
A simple response to the grievance—even an initial acknowledgment or a timeline for investigation—would likely have prevented this claim. Employers facing redundancy situations should prioritise communication with affected staff, especially those on furlough who may feel particularly vulnerable.
Why this case matters
This case shows that constructive dismissal claims can succeed even without evidence of discrimination or malice. A pattern of neglect, particularly when an employee is actively chasing a response, can be enough. For employees, it highlights the importance of documenting every attempt to resolve issues internally before resigning.
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