Bar staff resigns after grievance ignored: constructive dismissal succeeds
A bar worker who resigned after her employer failed to investigate her grievance about disability discrimination has won her claim for constructive unfair dismissal. The tribunal found the brewery breached the implied term of trust and confidence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as bar staff from 10 August 2019 to 10 September 2021.
- The respondent failed to investigate, hear or determine the claimant's grievance of 11 August 2021.
- The claimant resigned on 10 September 2021 after the respondent failed to respond to her grievance by the deadline.
- The respondent knew the claimant was autistic but did not know she met the legal definition of disability.
- The claimant's claims of disability discrimination, failure to make reasonable adjustments, harassment, and victimisation all failed.
- The respondent breached its duty to provide a written statement of employment particulars.
Timeline
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Employment started
Claimant began working as bar staff at the Lumley Arms.
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Meeting with Mrs Mapley
Mrs Mapley held a meeting with the claimant regarding missing £12.00 from the till.
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Grievance submitted
Claimant submitted a grievance alleging disability discrimination.
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Solicitor's letter
Claimant's solicitor sent a letter giving a deadline of 9 September 2021 for a response.
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Resignation
Claimant resigned, citing the respondent's failure to respond to her grievance as the final straw.
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Early conciliation started
Claimant started early conciliation with ACAS.
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Conciliation certificate
ACAS conciliation certificate issued.
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ET1 presented
Claimant presented her claim to the Employment Tribunal.
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Hearing day 1
Substantive hearing began in Leeds.
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Oral judgment
Tribunal delivered oral judgment; parties agreed remedy.
The legal issue
The tribunal had to decide whether the employer's failure to respond to a grievance about disability discrimination amounted to a breach of the implied term of trust and confidence, entitling the employee to resign and claim constructive unfair dismissal.
The outcome
The tribunal found that the claimant was constructively unfairly dismissed. The respondent failed to investigate, hear or determine her grievance submitted on 11 August 2021, despite a solicitor's letter giving a deadline of 9 September 2021. The claimant resigned on 10 September 2021, treating the failure as the final straw.
The claimant's other claims – direct disability discrimination, failure to make reasonable adjustments, harassment, and victimisation – all failed. The tribunal also found that the respondent breached its duty to provide a written statement of employment particulars.
Compensation was agreed between the parties after the hearing, so no award is listed in the judgment.
Lessons & takeaways
- Employers must investigate and respond to grievances within a reasonable time, especially when a deadline is set by the employee's solicitor.
- Ignoring a grievance can amount to a fundamental breach of contract, giving the employee the right to resign and claim constructive dismissal.
- Even if discrimination claims fail, the underlying grievance about discrimination still needs proper handling to avoid an unfair dismissal finding.
- The ACAS Code of Practice on disciplinary and grievance procedures applies; failing to follow it can lead to an uplift in compensation.
What this case shows in practice
A bar worker at Samuel Smiths Old Brewery resigned after the company failed to respond to her grievance about disability discrimination. She had submitted a formal grievance on 11 August 2021, and her solicitor later gave the employer a deadline of 9 September 2021 to reply. When no response came, she resigned on 10 September 2021, citing the failure as the final straw.
The tribunal found that the employer's inaction was a fundamental breach of the implied term of trust and confidence, making the dismissal constructive and unfair. The case highlights how a failure to follow basic grievance procedures can have serious legal consequences, even when the underlying discrimination claims are not upheld.
What the employer could have done differently
Samuel Smiths Old Brewery could have avoided the claim by simply investigating and responding to the grievance within a reasonable time. The tribunal noted that the employer knew the claimant was autistic, even though it did not accept she was disabled under the Equality Act. A prompt and fair process would likely have prevented the resignation and the subsequent tribunal claim.
Why this result matters
This case is a reminder that employers must take grievances seriously, regardless of the merits of the underlying complaint. The ACAS Code of Practice sets out clear expectations for handling grievances, and a failure to follow them can lead to a finding of constructive dismissal. For employees, it shows that resigning in response to a clear breach of contract – such as ignoring a grievance – can be a valid route to claiming unfair dismissal, even if other discrimination claims do not succeed.
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