Constructive dismissal claim fails after grievance process was followed
An accounts assistant who resigned after an unsatisfactory grievance outcome lost her constructive dismissal claim. The tribunal found the employer's conduct did not destroy trust and confidence.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #mutual-trust-and-confidence
- #final-straw
- #grievance-procedure
- #communication-breakdown
- #return-to-work
Key facts
- The claimant worked as an Accounts and Payroll Assistant from 25 February 2013 to 13 October 2021.
- The claimant raised a formal grievance on 5 August 2021, citing lack of support, respect, and constant criticism.
- The grievance was partially upheld regarding the return-to-work screen issue, but most complaints were rejected.
- The claimant resigned on 13 October 2021, stating the grievance outcome was unsatisfactory and she had lost trust and confidence.
- The tribunal found that the respondent's conduct did not amount to a fundamental breach of the implied term of mutual trust and confidence.
Timeline
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Employment started
Claimant commenced employment with the respondent in the accounts department.
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New line manager
Steven Roderick became the claimant's effective line manager and joined the business full time.
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Sarcastic remark email
Mr Roderick sent an email saying 'Claudine you do get it!' which the claimant later cited as derogatory.
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Year-end email exchange
Mr Roderick sent an email about loss of control over accounts, which the claimant interpreted as personal criticism.
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Frustration email
Mr Roderick emailed 'I naturally find it frustrating when you consistently decide to ignore my requests and emails', later conceded as unacceptable.
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Return to work request
Claimant asked to return to the office; she expressed concerns about COVID safety and a screen was placed on her desk.
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Formal grievance raised
Claimant raised a formal grievance letter citing lack of support, respect, constant criticism, and negativity.
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Grievance meeting
A grievance meeting was chaired by Mark Ratcliffe, lasting 1 hour 40 minutes.
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Grievance outcome
Outcome letter rejected most complaints but upheld the return-to-work screen issue; recommended mediation and daily face-to-face conversations.
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Appeal lodged
Claimant appealed the grievance outcome, stating lack of understanding and empathy.
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Appeal hearing
Appeal hearing conducted by Owen Lee of HR Champions, lasting 1 hour 30 minutes.
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Appeal outcome
Appeal outcome rejected most complaints but upheld some; recommended mediation and regular face-to-face meetings.
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Final straw emails
Email exchange where Mr Roderick asked about unanswered questions and missing uploads; claimant considered this unacceptable.
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Resignation
Claimant resigned with immediate effect, citing unsatisfactory grievance outcome and continued similar emails.
The legal issue
The tribunal had to decide whether a series of acts by the employer – including critical emails, a return-to-work screen dispute, and a grievance outcome the employee found unsatisfactory – amounted to a fundamental breach of the implied term of mutual trust and confidence, entitling the employee to resign and claim constructive dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal. The key reason was that the employer's conduct, viewed as a whole, did not destroy or seriously damage the trust and confidence between the parties. The grievance procedure was properly followed, and the final straw emails were not unreasonable.
No compensation was awarded as the claim failed on liability.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract – simply being unhappy with a grievance outcome is not enough.
- Employers who follow a proper grievance process and offer mediation are more likely to defend such claims successfully.
- A single sarcastic email, while unprofessional, may not be enough to destroy trust and confidence if it is an isolated incident.
- Employees considering resignation should ensure there is a clear 'last straw' that is itself a breach of contract, not just a continuation of previous conduct.
What this case shows in practice
This case illustrates the high bar for constructive dismissal claims. The employee, an accounts and payroll assistant with eight years' service, resigned after a grievance process she felt was unsatisfactory. She pointed to a series of incidents, including a sarcastic email from her line manager, a dispute over a return-to-work screen, and what she saw as ongoing criticism. However, the tribunal found that the employer had not fundamentally breached the implied term of mutual trust and confidence.
The grievance procedure was a key factor. The employer partially upheld one of her complaints (the screen issue) and recommended mediation and daily face-to-face meetings. The appeal also upheld some points. The tribunal noted that the employer had 'reasonable and proper cause' for its actions – it was trying to manage performance and communication issues, not deliberately undermine the employee.
What the losing side could have done differently
The employee might have succeeded if the final straw – an email exchange about unanswered questions and missing uploads – had been more clearly unreasonable or part of a pattern of bullying. Instead, the tribunal saw it as a legitimate management query. The employee also resigned immediately after the appeal outcome, without giving mediation a chance. Waiting to see if the recommended steps improved the situation could have strengthened her case.
Why the result matters for similar claims
This case is a reminder that constructive dismissal is not a remedy for every unhappy workplace relationship. The tribunal will look at whether the employer's conduct, taken as a whole, was so serious that the employee was entitled to walk out. A properly conducted grievance process, even if the outcome is not what the employee wanted, can protect the employer. For employees, the lesson is clear: unless the employer's actions are truly fundamental – like a serious breach of trust or a failure to follow procedure – resigning and claiming constructive dismissal is a risky strategy.
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