Constructive dismissal after eight-month wait for grievance outcome
An NHS employee resigned after waiting nearly eight months for her grievance outcome. The tribunal found she was constructively unfairly dismissed and awarded £3,756.60.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #grievance-outcome-not-communicated
- #acas-code-uplift
- #nhs-pension-loss
- #mitigation-of-loss
Key facts
- The claimant resigned after not being told the outcome of her grievance for nearly eight months.
- The respondent failed to provide a grievance outcome due to confidentiality concerns about disciplinary action against another employee.
- The claimant obtained higher-paying employment two weeks after dismissal.
- The respondent's breach of the ACAS Code of Practice was unreasonable, leading to a 5% uplift.
- The claimant had five years' service and was aged 36 at termination.
Timeline
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Grievance submitted
The claimant submitted a grievance, which led to disciplinary action against another employee.
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Resignation
The claimant resigned without having received the outcome of her grievance.
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Employment terminated
The claimant's employment ended on this date.
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New employment started
The claimant obtained higher-paying NHS employment, fully mitigating her loss after two weeks.
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Liability hearing day 1
The tribunal heard evidence and argument on liability.
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Liability hearing day 2
The tribunal concluded the liability hearing and gave oral judgment.
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Judgment approved
Employment Judge Leith approved the liability judgment.
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Remedy judgment
The tribunal issued the remedy judgment on the papers, awarding £3,756.60.
The legal issue
The tribunal had to decide whether the employer's delay and failure to tell the employee the outcome of her grievance amounted to a fundamental breach of contract, entitling her to resign and claim constructive unfair dismissal.
The outcome
The tribunal ruled in favour of the employee, finding that East Sussex Healthcare Trust had breached the implied term of mutual trust and confidence by not providing the grievance outcome for nearly eight months. The breach was serious enough to justify resignation.
Compensation was calculated as follows:
- Basic award: £2,323.85
- Compensatory award (including a 5% ACAS Code uplift): £1,432.75
- Total: £3,756.60
Lessons & takeaways
- If you raise a grievance, your employer should communicate the outcome within a reasonable time – months of silence can be a fundamental breach of contract.
- Resigning without first giving your employer a chance to remedy the breach may weaken your claim – but if the breach is serious enough, it can still succeed.
- Employers cannot hide behind confidentiality concerns to avoid telling you the outcome of your own grievance – they must find a way to communicate it.
- If you quickly find a higher-paying job after resigning, your loss of earnings will be limited, but you may still get a basic award and compensation for loss of statutory rights.
A long wait with no answer
An NHS employee submitted a grievance in February 2024. The grievance led to disciplinary action against another employee. But the employer, East Sussex Healthcare Trust, never told her the outcome. She waited nearly eight months, chasing it repeatedly, before finally resigning in October 2024. The tribunal found that this silence destroyed the trust and confidence needed in the employment relationship, making her constructive dismissal unfair.
What the employer could have done differently
The Trust argued it could not disclose the outcome because of confidentiality concerns about the disciplinary process. But the tribunal said that was not a valid reason to say nothing at all. The employer could have explained the delay, given a summary, or provided a timescale. Instead, it left the employee in limbo. The Trust also failed to follow the ACAS Code of Practice on disciplinary and grievance procedures, which led to a 5% uplift on the compensatory award.
Why the result matters
This case shows that constructive dismissal claims can succeed even when the employee finds a new job quickly. The employee started a higher-paying NHS role just two weeks after resigning, which meant her actual financial loss was small. But the tribunal still awarded a basic award of £2,323.85 and compensation for loss of statutory rights. The total of £3,756.60 reflects the principle that employers must not breach the duty of trust and confidence, even if the employee suffers little ongoing loss.
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