Nurses win victimisation claim after trust failed to address grievances
Two senior nurses with 42 years' service each won victimisation claims after their NHS trust failed to address grievances about confidentiality breaches and risk assessments. Other claims including age discrimination and constructive dismissal were dismissed.
1 min read · Last updated 18 May 2026
Case details
- #victimisation
- #failure-to-address-grievances
- #age-discrimination
- #part-time-workers
- #unfair-dismissal
- #constructive-dismissal
Key facts
- Carole Bailey and Maxine Campbell were moved from General Surgery to other specialties in a realignment of B6 Team Leaders.
- The claimants alleged age discrimination and less favourable treatment due to part-time status, but the tribunal found no discrimination.
- The tribunal found that the respondent failed to address the claimants' grievances of 26 and 27 October 2021, constituting victimisation.
- Carole Bailey's constructive unfair dismissal claim was dismissed as the failure to address grievances was not an effective cause of her resignation.
- All other claims of discrimination, harassment, and detriment were dismissed.
Timeline
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Meeting announcing realignment
Tracy Wainwright presented proposals to move B6 Team Leaders, including the claimants, to different specialties. The meeting became confrontational.
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Informal grievance submitted
Carole Bailey emailed an informal grievance about the meeting and the proposed move.
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Maxine Campbell's informal grievance
Maxine Campbell submitted her informal grievance.
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Roundtable meeting
Steven Campbell held a roundtable discussion to address the claimants' concerns. The claimants were dissatisfied as they wanted to remain in General Surgery.
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Maxine Campbell starts sick leave
Maxine Campbell commenced sick leave due to stress and anxiety.
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Second roundtable meeting
Further discussion; agreed to rerun the presentation and proceed to formal grievance.
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Formal grievance submitted
Both claimants submitted a joint formal grievance alleging age discrimination.
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Rerun of presentation
The presentation was rerun via Teams; the claimants attended but did not suggest alternatives.
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Carole Bailey starts sick leave
Carole Bailey commenced sick leave due to stress and anxiety.
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Carole Bailey returns to work
Carole Bailey returned on a phased return; raised arthritis concerns.
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Grievance outcome
Felicity White issued her report, not upholding the grievances.
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Appeal hearing
Malcolm Walker heard the appeal; he did not uphold it.
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Grievance against Rhys Maybrey
Both claimants submitted an informal grievance about an alleged breach of confidentiality by Rhys Maybrey.
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Carole Bailey's grievance against Tracy Wainwright
Carole Bailey submitted a grievance about failure to complete risk assessments and consider her arthritis.
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Meeting with Linda Watson
Carole Bailey refused to be risk assessed in theatre; she felt unsupported and later emailed her intention to resign.
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Carole Bailey resigns
Carole Bailey submitted her formal resignation, effective 31 March 2022.
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Claimants informed of B7 grievance
The claimants were told about a grievance submitted against them by B7 managers and Claire Atkinson on 10 January 2022.
The legal issue
The tribunal had to decide whether the nurses were victimised (subjected to a detriment because they had done a protected act, such as raising grievances) when the trust failed to respond to their later informal grievances. It also considered claims of age discrimination, part-time worker detriment, harassment, and constructive unfair dismissal.
The outcome
The tribunal upheld two victimisation claims but dismissed all other claims.
- Victimisation: Both nurses succeeded in their complaints that the trust failed to address their informal grievances of 26 and 27 October 2021. This failure amounted to a detriment because of their earlier protected acts (raising grievances).
- Other claims dismissed: All claims of age discrimination, less favourable treatment as part-time workers, harassment, and other detriments were dismissed. Carole Bailey's claim of constructive unfair dismissal was also dismissed because the failure to address grievances was not an effective cause of her resignation.
- Compensation: No damages were awarded in this judgment; a separate remedy hearing will determine compensation.
Lessons & takeaways
- Employers must respond to grievances promptly and properly, even if they appear informal, to avoid victimisation claims.
- A long service record (here 42 years) does not automatically make a dismissal unfair if the employee resigns for reasons not directly linked to the employer's breach.
- Raising a grievance is a protected act; ignoring or delaying a response to a subsequent grievance can be victimisation.
- Constructive dismissal claims require the employer's breach to be a significant cause of the resignation, not just one factor among many.
What this case shows in practice
Two senior nurses, each with over 40 years' service at County Durham And Darlington NHS Foundation Trust, were moved from General Surgery to other specialties in a realignment of B6 Team Leaders. They raised grievances alleging age discrimination and other concerns. The trust eventually investigated and dismissed those grievances, but when the nurses raised further informal grievances in October 2021 — about an alleged breach of confidentiality and failure to complete risk assessments — the trust did not address them. The tribunal found that this failure amounted to victimisation: the nurses had done protected acts by raising the earlier grievances, and the trust's inaction was a detriment because of those acts.
What the trust could have done differently
The trust could have avoided the victimisation finding simply by responding to the October 2021 grievances, even if only to acknowledge them and explain next steps. Instead, the grievances were left unaddressed, which the tribunal considered a clear detriment. The trust successfully defended the other claims, including age discrimination and part-time worker detriment, but the failure to handle the later grievances proved costly in terms of time, reputation, and potential compensation.
Why the result matters for similar claims
This case highlights that employers must treat all grievances seriously, regardless of how they are labelled. An informal grievance is still a protected act, and ignoring it can lead to a victimisation claim. For employees, it shows that raising a grievance can protect them from retaliation, but that a constructive dismissal claim requires a direct link between the employer's breach and the resignation. The nurses here succeeded on victimisation but failed on constructive dismissal because the trust's failure was not the main reason for the resignation.
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