Midwife wins constructive dismissal after trust's 'grossly inadequate' grievance investigation
A midwife with three years' service was constructively dismissed after her employer's failure to properly investigate her bullying complaint. The tribunal awarded £1,717, including an ACAS uplift.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a midwife from 21 October 2019 to 28 August 2022.
- She raised a formal bullying and harassment complaint on 28 September 2021.
- The respondent's investigation into her complaint was grossly inadequate, with severe delays and failure to interview key witnesses.
- The claimant resigned on 30 June 2022, citing the respondent's failure to follow procedure and continued bullying.
- The tribunal found the respondent breached the implied term of trust and confidence by mishandling the grievance.
- The claimant was awarded £1,717 in compensation, including a 15% uplift for failure to follow the ACAS Code.
Timeline
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Incident involving LS
The claimant witnessed an incident involving LS and raised concerns, leading to a serious incident investigation.
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Informal meeting
The claimant raised concerns about conflict with LS and other issues during a meeting with senior management and HR.
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Allegation of sleeping on duty
It was alleged that the claimant was asleep on duty; a fact find was initiated.
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Formal complaint
The claimant raised a formal complaint of bullying, harassment and victimisation against LS and others.
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Disciplinary investigation report
The disciplinary investigation found no evidence to support the allegations against the claimant and recommended she not work with LS.
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Bullying investigation report
The investigation into the claimant's complaint concluded without interviewing key witnesses, recommending mediation.
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Claimant receives investigation report
The claimant first saw the bullying investigation report, realising that her witnesses had not been interviewed.
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Grievance hearing
The claimant attended a stage two grievance hearing where the inadequacy of the investigation became apparent.
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Resignation
The claimant resigned, citing the respondent's failure to follow procedure and continued bullying.
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Employment ended
The claimant's employment terminated after her notice period.
The legal issue
The tribunal had to decide whether the trust's failure to properly investigate the midwife's bullying complaint, and its failure to implement recommendations to separate her from the colleague she complained about, amounted to a fundamental breach of the implied term of trust and confidence, justifying her resignation.
The outcome
The tribunal upheld the midwife's claim for constructive unfair dismissal.
- The trust's investigation into her bullying complaint was 'grossly inadequate': it took months, did not interview key witnesses, and the report was not shared with her until after she resigned.
- The trust also failed to implement a recommendation from an earlier disciplinary investigation that she should not work with the colleague she had complained about.
- These failures cumulatively destroyed the trust and confidence required in the employment relationship.
Compensation:
- Basic award: £1,142
- Compensatory award: £575
- ACAS uplift (15%): applied to compensatory award
- Total: £1,717
Lessons & takeaways
- If you raise a formal grievance, your employer must investigate it promptly and thoroughly—failure to interview key witnesses can be a red flag for constructive dismissal.
- A pattern of ignoring recommendations (e.g., to separate staff) can contribute to a finding that trust and confidence has been destroyed.
- The ACAS Code of Practice on disciplinary and grievance procedures applies; a failure to follow it can lead to a 25% uplift in compensation (here 15% was applied).
- Constructive dismissal claims require you to resign in response to a fundamental breach—delaying too long after the breach may be seen as affirming the contract.
When a grievance isn't just a grievance
This case shows how a badly handled internal complaint can unravel an employment relationship. The midwife had worked for York & Scarborough Teaching Hospitals for three years when she witnessed an incident involving a colleague, LS. She raised concerns, but instead of being supported, she found herself facing a disciplinary allegation about sleeping on duty—an allegation that was later found to be unsubstantiated.
Her formal bullying and harassment complaint, made in September 2021, was met with delays and a superficial investigation. The investigator did not interview the witnesses she had named, and the resulting report recommended mediation—something the midwife felt was inappropriate given the seriousness of her allegations. The trust also failed to implement a recommendation from an earlier disciplinary investigation that she and LS should not work together.
What the trust could have done differently
The tribunal was clear: the trust's investigation was 'grossly inadequate'. It took over four months to produce a report that missed key evidence. The midwife only saw the report after she had resigned. A proper investigation—one that interviewed the witnesses she identified and addressed her concerns promptly—might have salvaged the situation. The trust also had a recommendation to separate the two staff members but did not act on it. Following its own grievance procedure and the ACAS Code would have given the midwife confidence that her concerns were being taken seriously.
Why this matters for similar claims
For employees, this case reinforces that constructive dismissal can arise from a series of failures, not just one dramatic event. The tribunal looked at the cumulative effect of the trust's actions—the inadequate investigation, the failure to share the report, the ignored recommendation—and found that together they destroyed trust and confidence.
For employers, it is a reminder that grievance handling is not a box-ticking exercise. A failure to investigate properly can be a breach of contract, and the ACAS Code means that compensation can be increased by up to 25% if the employer is at fault. Here, the 15% uplift added £75 to the compensatory award.
The midwife represented herself at the hearing, while the trust had a barrister. Despite that, she succeeded—a sign that tribunals will look critically at employers who fail to follow basic procedural fairness.
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