Nurse who resigned after 16-day grievance delay loses constructive dismissal claim
A nurse with 15 years' service resigned after her second grievance wasn't progressed for 16 days. The tribunal found no breach of trust and confidence, dismissing her constructive unfair dismissal claim against Oxleas NHS Foundation Trust.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #grievance-procedure
- #delay-in-processing
- #nhs-employee
- #trust-and-confidence
Key facts
- The claimant was employed as a nurse from 28 February 2006 until 19 May 2021.
- She filed a first grievance in September 2020, which was upheld in part on 8 March 2021.
- She filed a second grievance on 22 March 2021, which was acknowledged within an hour but not progressed for 16 days.
- The claimant resigned on 21 April 2021, before the second grievance was investigated.
- The tribunal found no breach of the implied term of trust and confidence by the respondent.
Timeline
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Employment started
Claimant began working for Oxleas NHS Foundation Trust as a nurse.
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First grievance filed
Claimant filed a grievance against her line manager, Ms Hambley.
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First grievance outcome
Three allegations upheld, one partially upheld; no disciplinary action taken against Ms Hambley.
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HR check-in
HR officer contacted claimant to discuss further complaints.
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Second grievance filed
Claimant sent a retaliation grievance to HR, acknowledged within an hour.
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HR contact re second grievance
HR officer contacted claimant to progress the grievance, 16 days after filing.
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Resignation
Claimant resigned with notice, citing the respondent's failures.
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Employment ended
Claimant's resignation took effect.
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Full merits hearing day 1
Tribunal heard evidence and submissions.
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Full merits hearing day 2 and judgment
Tribunal dismissed the claim for constructive unfair dismissal.
The legal issue
Whether the employer's failure to promptly investigate a second grievance, and its decision not to discipline a manager following an earlier grievance, constituted a breach of the implied term of trust and confidence, entitling the employee to resign and claim constructive dismissal.
The outcome
The tribunal dismissed the claim for constructive unfair dismissal.
Key reasons:
- The employer had upheld parts of the first grievance and taken appropriate steps.
- The 16-day delay in progressing the second grievance was not, in context, a fundamental breach of contract.
- The claimant resigned before the grievance process could conclude, and the employer's conduct was not calculated or likely to destroy trust and confidence.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Resigning before your grievance is fully investigated can weaken a constructive dismissal claim, as the employer may argue they were given no chance to remedy the situation.
- A short delay in processing a grievance (here, 16 days) is unlikely to be considered a fundamental breach of contract, especially if the employer has a track record of addressing concerns.
- Employers should ensure grievances are progressed promptly, but a minor delay will not automatically justify resignation.
- Long-serving employees may have higher expectations of their employer, but the test remains whether the employer's conduct was so serious as to destroy trust and confidence.
A resignation before the process finished
This case shows the risks of resigning before your employer has had a reasonable chance to deal with your complaint. The nurse, who had worked for Oxleas NHS Foundation Trust for 15 years, filed a second grievance on 22 March 2021 alleging retaliation after her first grievance was partially upheld. HR acknowledged it within an hour, but didn't contact her to progress it for 16 days. She resigned on 21 April – before any investigation had begun.
The tribunal accepted that a 16-day delay was not ideal, but it was not so serious as to destroy the relationship of trust and confidence. The employer had already dealt with the first grievance, upholding some allegations, and had taken steps to address the situation. The nurse's decision to resign before giving the process a chance to work meant she could not show that the employer's conduct forced her out.
What the employer did right
Oxleas NHS Foundation Trust had a functioning grievance procedure. It acknowledged the second grievance quickly, and when HR did contact the nurse 16 days later, it was to arrange a meeting. The tribunal noted that the employer had not ignored the complaint – it was simply not as fast as the nurse wanted. In the context of a busy NHS trust, this delay did not amount to a fundamental breach of contract.
Why this matters for similar claims
For employees considering a constructive dismissal claim, this case is a reminder that the bar is high. You must show that your employer's conduct was so serious that you had no choice but to resign. A single delay in processing a grievance, without other factors, is unlikely to meet that threshold. Employers, meanwhile, should still aim to handle grievances promptly – but a short delay will not automatically lead to liability if the overall process is fair.
The claim was dismissed, and no compensation was awarded.
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