Constructive dismissal after flawed disciplinary process: victimisation over previous tribunal claim

A disciplinary process that went wrong

This case shows how a disciplinary process can become a tool for victimisation when an employer holds a grudge over a previous tribunal claim. The employee, an operations manager with five years' service, had previously brought a sex discrimination claim against Crisis UK which was settled. Shortly after, she was accused of bullying by a colleague she had line-managed. What followed was a disciplinary process that the tribunal found to be fundamentally flawed.

The investigation was incomplete and biased. Crucially, a bullying charge that had initially been dismissed was later reinstated after the colleague's grievance appeal was upheld. The employee was then given a first written warning. When she appealed, her union representative was ill and requested a postponement. Crisis UK refused, and the appeal hearing went ahead without her representative. The employee walked out and later resigned, claiming constructive dismissal.

What the employer could have done differently

Crisis UK could have avoided this outcome by conducting a fair and impartial investigation from the start. The tribunal noted that the investigation was not thorough and that the decision to add the bullying charge after it had been dismissed was improper. More importantly, the refusal to postpone the appeal hearing when the employee's representative was ill was a clear breach of natural justice. Employers should always consider reasonable requests for postponements in disciplinary proceedings, especially when the employee's representation is affected.

Why this matters for similar claims

This case is a reminder that the protection against victimisation is real and enforceable. Employees who have previously brought discrimination claims are protected from being treated unfavourably because of that earlier claim. Any subsequent disciplinary action must be scrupulously fair and free from any taint of retaliation. For employees considering a constructive dismissal claim, this case illustrates that a series of unfair actions can cumulatively amount to a fundamental breach of contract. The tribunal found that the employer's conduct destroyed the trust and confidence necessary for the employment relationship, justifying the employee's resignation.