Health Visitor with 39 years' service loses constructive dismissal claim over workplace delays
A health visitor who resigned after delays in occupational health referrals, expenses, and grievance handling has lost her constructive unfair dismissal claim. The tribunal found the employer's failings did not amount to a fundamental breach of contract.
2 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #occupational-health
- #grievance-delay
- #expenses-delay
- #personnel-file-missing
- #acas-code-uplift
Key facts
- The claimant was reinstated as a Health Visitor following a COT3 settlement of a previous tribunal claim.
- The claimant's occupational health referral was delayed by about two months due to miscommunication.
- The claimant's expense account was not set up until February 2021, leaving her out of pocket for over a year.
- The claimant's personnel file was partially missing and lacked an audit trail for over a year.
- The claimant's grievance process was delayed and mismanaged, with some issues not fully investigated.
- The claimant resigned on 6 October 2022, citing health reasons and unresolved workplace issues.
Timeline
-
Return to work meeting
Meeting with Ms Mason and JOK to discuss claimant's return to work after reinstatement. Agreed on reduced caseload, phased return, and OH referral.
-
Claimant returns to work
Claimant started work as Health Visitor at Treharris base, working 2.5 days per week on a phased return.
-
OH referral made
Ms Jones made the OH referral after discovering it had not been done earlier.
-
OH appointment
Claimant saw Dr Tidley who confirmed she was fit for work and recommended adjustments including additional time for casework.
-
Claimant submits grievance
Claimant submitted a formal grievance about various issues including expenses, OH delay, and personnel file.
-
Stage 2 grievance meeting
Meeting held; agreed to create an action plan to resolve issues.
-
Expense account set up
Claimant's expense account became active, allowing her to claim mileage.
-
Claimant falls ill
Claimant fell at Kier Hardie and went on sick leave, never returning to work.
-
Grievance outcome letter
Mr Coslett sent letter stating original issues resolved, new issues to be raised as new grievance.
-
Stage 3 grievance outcome
Ms Wright issued outcome letter, upholding some complaints and apologising for delays and process failures.
-
Claimant resigns
Claimant formally retired, citing health reasons and unresolved issues.
The legal issue
The tribunal had to decide whether the employer's actions—delayed occupational health referral, late expense setup, missing personnel file, and grievance mismanagement—amounted to a fundamental breach of contract entitling the claimant to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the constructive unfair dismissal claim, finding that the claimant resigned but was not dismissed.
Key reasons:
- The delays and administrative failures, while poor, did not constitute a fundamental breach of the implied term of trust and confidence.
- The claimant continued to work for over two years after the initial issues, which undermined the argument that the breaches were fundamental.
- The grievance process, though flawed, eventually addressed some concerns.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Length of service does not automatically make administrative failings a fundamental breach—the employee must show the employer's conduct destroyed trust and confidence at the time of resignation.
- Continuing to work for a significant period after the alleged breach can weaken a constructive dismissal claim, as it suggests the breach was not fundamental.
- Employers should ensure occupational health referrals, expense systems, and personnel files are handled promptly to avoid grievances and tribunal claims.
- A flawed grievance process is not necessarily a fundamental breach if the employer eventually addresses the issues, even after delays.
A long-serving employee's frustration
This case involved a health visitor with 39 years of service who returned to work after a COT3 settlement. She faced a series of administrative failures: a two-month delay in her occupational health referral, a year-long wait for her expense account to be set up, a missing personnel file, and a grievance process that dragged on for months. Eventually, she resigned, citing health reasons and unresolved issues. She claimed constructive unfair dismissal, arguing that the employer's conduct destroyed the trust and confidence needed for the employment relationship.
What the tribunal decided
The tribunal acknowledged the employer's failings were 'regrettable' but found they did not amount to a fundamental breach of contract. A key factor was that the claimant continued to work for over two years after the initial problems arose. The tribunal noted that constructive dismissal requires a breach that goes to the root of the contract—and here, the delays, while frustrating, did not cross that threshold. The employer had also taken steps to address the grievance, even if slowly.
What could have been done differently
The employer could have avoided the claim entirely by setting up the expense account promptly, making the occupational health referral without delay, and ensuring the personnel file was complete. A faster, more transparent grievance process might have prevented the claimant from feeling compelled to resign. For employees, this case shows that resigning too long after the alleged breach can weaken a constructive dismissal case—it's important to act promptly if you believe the employer's conduct is fundamentally unacceptable.
Why this matters
This case is a reminder that constructive dismissal claims are hard to win. The bar is high: the employer's conduct must be so serious that it effectively forces the employee to resign. Administrative delays, even when prolonged, may not meet that threshold if the employee continues to work. For anyone considering a similar claim, it's crucial to document the breaches and seek legal advice early, rather than waiting months or years.
Similar cases
Dismissed while on sick leave: employer ignored offer of imminent return
A tribunal found that EE Limited unfairly dismissed a broadband technical support worker with panic disorder after it refused to wait a week for her to return to work, and also discriminated against her because of her disability.
Faculty manager with 23 years' service unfairly dismissed after redundancy selection tainted by disability bias
A tribunal found that Canterbury Christ Church University unfairly dismissed a faculty manager and discriminated against her because of her disability when it decided she was not appointable to a new role due to her ill health. She was awarded £32,684.
Caretaker with 15 years' service dismissed for long-term sickness: dismissal fair, but holiday pay awarded
A caretaker dismissed after 15 months' sickness absence lost his unfair dismissal claim, but was awarded £1,628.02 for unpaid holiday pay.
27-year social worker dismissed after 9 months' sick leave: tribunal upholds council's decision
Birmingham City Council fairly dismissed a Senior Practitioner with 27 years' service after a 9-month sickness absence for bereavement stress. The tribunal rejected claims of unfair dismissal and disability discrimination.