Medical secretary's constructive dismissal claim fails over time limits and credibility
A medical secretary who resigned after alleging sexual harassment by a colleague lost her constructive unfair dismissal claim. The tribunal found the alleged behaviour did not occur and all claims were out of time.
1 min read · Last updated 18 May 2026
Key facts
- The claimant began a 12-month secondment as a Technical Instructor in November 2016.
- The claimant alleged Mr Vandi ogled her, licked his lips, and looked at her crotch on 20 and 23 March 2017.
- The tribunal found no inappropriate behaviour by Mr Vandi and accepted his evidence.
- The claimant's secondment was terminated in April 2017 due to safeguarding concerns.
- The claimant resigned on 1 February 2018, citing various grievances.
- All claims were dismissed; the harassment and victimisation claims were also out of time.
Timeline
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Employment started
Claimant began as a Medical Secretary in CAMHS unit, working 18.75 hours per week.
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Secondment began
Claimant started a 12-month secondment as a Technical Instructor in Sports and Leisure Services at Broadmoor.
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Alleged harassment incident
Claimant alleges Mr Vandi ogled her, licked his lips, and looked at her crotch during a meeting.
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Second alleged incident
Claimant repeats allegation of inappropriate looking by Mr Vandi during a meeting.
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Dress code discussion
Ms London spoke to claimant about wearing leggings; claimant felt it was aggressive.
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Paid leave
Claimant was put on paid leave due to management concerns.
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Secondment terminated
Claimant informed her secondment was terminated; she returned to CAMHS post.
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Written complaint about Mr Vandi
Claimant raised written complaints about Mr Vandi's alleged behaviour.
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Resignation
Claimant resigned via email, effective 9 February 2018.
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Claim presented
Claimant presented ET1 claim for constructive unfair dismissal, harassment, and victimisation.
The legal issue
The tribunal had to decide whether the claimant was sexually harassed by a colleague, victimised for complaining, and constructively dismissed due to fundamental breaches of contract. It also considered whether the claims were brought in time.
The outcome
The tribunal dismissed all claims. It found that the alleged incidents of inappropriate looking by Mr Vandi did not happen – his evidence was preferred. The harassment and victimisation claims were also out of time, as the last alleged act was in March 2017 and the claim was presented in April 2018. The constructive dismissal claim failed because there was no fundamental breach of contract; the secondment termination was due to safeguarding concerns, not the claimant's complaint. No compensation was awarded.
Lessons & takeaways
- Employment tribunal claims for harassment or discrimination must be brought within three months of the last act – delays of even a few weeks can be fatal.
- If you are a litigant in person, seek legal advice early; the tribunal may not extend time limits simply because you were unrepresented.
- Credibility is key: tribunals will assess evidence carefully, and if your account is not supported by witnesses or documents, it may be rejected.
- Resigning and claiming constructive dismissal is risky – you must show a fundamental breach of contract by the employer, not just a disagreement.
When a claim fails on timing and facts
This case shows how difficult it can be to succeed in a constructive dismissal claim, especially when the allegations are not believed and the claims are brought late. The medical secretary, who worked part-time for West London Mental Health NHS Trust, resigned in February 2018 after a series of events she said amounted to sexual harassment and victimisation. But the tribunal found that the alleged harassment did not happen, and that her secondment was ended for legitimate safeguarding reasons, not because she complained.
What the employer did right
The trust had clear processes: when concerns about the claimant's conduct arose, she was put on paid leave and the secondment was ended. The tribunal accepted that this was a reasonable response to genuine safeguarding worries. The trust also dealt with her later grievance, though the claimant was unhappy with the outcome. By following proper procedures and documenting decisions, the trust was able to show there was no fundamental breach of contract.
Why the result matters
This case is a reminder that employment tribunals will not automatically side with an employee who feels mistreated. The claimant's failure to bring her discrimination claims within the three-month time limit was a major obstacle, and the tribunal found no good reason to extend time. For anyone considering a similar claim, the key takeaways are: act quickly, gather evidence that supports your version of events, and be prepared for your credibility to be tested. Even if you feel strongly that you have been wronged, the tribunal's decision will turn on the facts and the law, not on emotion.
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