Support worker wins constructive dismissal after grievance ignored
A support worker who resigned after her employer rejected her grievance without a meeting has won her constructive unfair dismissal claim, receiving £3,495.67.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a support worker on a zero-hours contract from 8 April 2019.
- The claimant resigned on 14 February 2022 citing the respondent's handling of her grievance.
- The respondent failed to hold a grievance meeting or offer an appeal, breaching the implied term of trust and confidence.
- The claimant's claims for unauthorised deductions and holiday pay were dismissed due to lack of evidence.
- The tribunal awarded £3,495.67 in total for unfair dismissal, including a 10% Acas code uplift.
Timeline
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Interview and job offer
The claimant was interviewed by Danielle Donaldson and offered a support worker role on a zero-hours basis.
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Written contract provided
The claimant was given a written contract of employment confirming zero-hours terms, which she signed.
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Furlough began
The claimant was furloughed due to reduced demand for services.
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Return from furlough
The claimant returned to work but was offered only 16 hours per week, mostly late shifts.
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Grievance submitted
The claimant emailed a grievance alleging unfair treatment and bullying by Miss Donaldson.
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Grievance decision
Mr Ahmed rejected the grievance without a meeting or proper investigation.
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Appeal request ignored
The claimant requested an appeal, but Mr Ahmed did not respond.
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Resignation
The claimant resigned with immediate effect, citing the grievance handling as a reason.
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Liability judgment
The tribunal found constructive unfair dismissal and wrongful dismissal.
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Remedy hearing
The tribunal awarded £3,495.67 in compensation.
The legal issue
The tribunal had to decide whether the employer's handling of the employee's grievance amounted to a fundamental breach of the implied term of mutual trust and confidence, entitling her to resign and claim constructive unfair dismissal.
The outcome
The tribunal upheld the claimant's claim for constructive unfair dismissal and wrongful dismissal.
Key reasons:
- The respondent failed to hold a grievance meeting or offer an appeal, breaching the implied term of trust and confidence.
- The claimant's claims for unauthorised deductions and holiday pay were dismissed due to lack of evidence.
Compensation breakdown:
- Basic award: £427.68
- Compensatory award: £3,067.99 (including a 10% Acas code uplift)
- Total: £3,495.67
Lessons & takeaways
- Employers must follow a proper grievance procedure, including holding a meeting and offering an appeal, to avoid a breach of trust and confidence.
- Zero-hours contract workers have the same right to a fair grievance process as other employees.
- Ignoring an employee's appeal request can be a key factor in a constructive dismissal claim.
- The Acas Code of Practice on Disciplinary and Grievance Procedures applies to all employers; failure to follow it can lead to a 25% uplift in compensation.
What this case shows in practice
This case illustrates how a small employer's failure to handle a grievance properly can lead to a successful constructive dismissal claim. The claimant, a support worker on a zero-hours contract, raised a grievance about unfair treatment and bullying by her manager. Instead of arranging a meeting to discuss her concerns, the director, Mr Ahmed, rejected the grievance without any investigation. When the claimant asked to appeal, he did not respond. Feeling she had no other option, she resigned.
The tribunal found that the employer's actions destroyed the trust and confidence needed for the employment relationship to continue. This is a common pattern in constructive dismissal cases: a fundamental breach by the employer leaves the employee with no choice but to resign.
What the employer could have done differently
Smile Foster Care Limited could have avoided this claim by following a simple grievance procedure. The Acas Code of Practice recommends that employers hold a meeting to discuss the grievance, allow the employee to be accompanied, and provide a right of appeal. Instead, the director made a unilateral decision without hearing the claimant's side. Even a basic investigation might have shown that the grievance was not as serious as the claimant believed, but the employer's failure to engage made the situation worse.
Why the result matters
This case is a reminder that even small employers with limited resources must follow fair procedures. The tribunal awarded a 10% uplift because the employer failed to follow the Acas Code, increasing the compensatory award. For employees on zero-hours contracts, this case confirms that they are entitled to the same protections as other workers. The total award of £3,495.67 reflects the claimant's short service and the statutory cap on compensation, but the principle is clear: ignoring a grievance can be costly.
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