Town Clerk awarded £40,000 after council's evasive grievance handling
A town clerk with six years' service resigned after her employer delayed a pay review and gave evasive responses to her grievance. The tribunal found she was constructively unfairly dismissed and awarded £40,299.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #grievance-handling
- #pay-evaluation-delay
- #political-interference
- #acas-code-uplift
- #section-38-award
Key facts
- The claimant was employed as Town Clerk from 1 January 2013 until her resignation on 12 February 2019.
- The respondent delayed unreasonably in updating the claimant's job description and conducting a pay evaluation from February 2015 to July 2017.
- The respondent failed to provide the claimant with the full grievance investigation report until February 2019.
- The respondent did not honour the commitment to use Mr Egan's pay evaluation report as the guiding framework for the claimant's pay.
- The respondent's letter of 29 January 2019 contained evasive and misleading responses, including denying Mr Fox's involvement with the job evaluation committee.
- The claimant succeeded in her constructive unfair dismissal and wrongful dismissal claims but failed in her whistleblowing and breach of contract (wages) claims.
Timeline
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Employment commenced
Claimant started as Town Clerk for Pembrey and Burry Port Town Council, working 27 hours per week at SCP 33.
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Pay evaluation agreed
The Civic Governance and Personnel Committee agreed to review staff roles and salaries, but the process was delayed.
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Claimant submitted grievance
Claimant hand-delivered a 9-page grievance letter to Councillor Theodoulou, complaining about Mr Fox's behaviour and Councillor James' handling of the situation.
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Pay evaluation outcome
Claimant received a letter offering a salary increase to SCP 38, which she appealed.
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Job description agreed
Claimant's job description was finally agreed by the Civic Committee.
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Disruptive council meeting
A full council meeting descended into chaos with Labour councillors heckling and the claimant being caught in the crossfire.
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Egan pay report received
Mr Egan's pay evaluation recommended LC3 (Points 48-51), but the respondent did not share it with the claimant or act on it.
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Labour group email
Councillor James sent an email on behalf of the Labour group accusing the claimant of sanitising minutes and incompetence.
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Claimant went on sick leave
Claimant was signed off work due to work-related stress.
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Respondent's final response
The respondent sent a letter responding to the claimant's 17 steps for return to work, which the claimant found evasive and misleading.
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Claimant resigned
Claimant resigned with immediate effect, citing fundamental breach of trust and confidence.
The legal issue
The tribunal had to decide whether the council's conduct—including a delayed pay review, withholding a grievance report, and misleading correspondence—destroyed the trust and confidence required for the employment relationship, amounting to constructive unfair dismissal.
The outcome
The tribunal upheld the claimant's claim for constructive unfair dismissal and wrongful dismissal, but dismissed her whistleblowing and breach of contract (wages) claims.
Compensation:
- Basic award: £4,572.00
- Compensatory award: £28,919.28
- Total: £40,299.37 (including other elements)
Lessons & takeaways
- Employers must act promptly on agreed pay reviews; delays of over two years can be a fundamental breach of contract.
- Withholding a full grievance investigation report from the employee undermines the grievance process and can destroy trust.
- Evasive or misleading responses to an employee's concerns, especially about management involvement, risk being seen as a repudiatory breach.
- A constructive dismissal claim can succeed even if other claims, like whistleblowing, fail.
A breakdown of trust over pay and process
This case shows how a combination of delays, poor communication, and a lack of transparency can unravel the employment relationship. The town clerk had worked for the council for six years when she raised a grievance about the behaviour of a councillor and the handling of her pay review. Instead of addressing her concerns promptly, the council took nearly two years to complete a job evaluation and then failed to honour a commitment to use an independent pay report as the basis for her salary.
What the council did wrong
The tribunal highlighted several key failures. The council agreed to review the clerk's role and pay in February 2015 but did not finalise her job description until July 2017—a delay of over two years. When an independent pay report was received in February 2018, the council did not share it with her or act on it. Her grievance investigation report was also withheld in full until February 2019, just before she resigned. The council's final letter responding to her return-to-work conditions was described as evasive and misleading, including a denial that a particular councillor had been involved in the job evaluation committee.
Why the result matters
For employees considering a constructive dismissal claim, this case reinforces that a series of smaller breaches can cumulatively destroy trust and confidence. The council's failure to follow through on commitments and its lack of openness were central to the tribunal's decision. The £40,299 award reflects the financial impact of the breakdown, including lost earnings and the basic award for her six years of service. Employers should note that delays in pay reviews and poor grievance handling can have serious consequences, especially when there is a pattern of evasive behaviour.
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