Constructive dismissal after suspension without pay and ignored grievance
A care worker on a zero-hours contract was constructively and unfairly dismissed after her employer suspended her without pay and failed to respond to her grievance. The tribunal found a fundamental breach of trust and confidence.
1 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #zero-hours-contract
- #suspension-without-pay
- #failure-to-respond-to-grievance
- #delay-in-payment
Key facts
- The claimant was employed as a care worker on a zero-hours contract from 18 April 2017.
- On 16 January 2023, the claimant was suspended following a refusal to carry out a care visit and alleged attitude issues.
- The suspension resulted in the claimant receiving no pay for the period 16 January to 6 February 2023.
- The respondent failed to formally acknowledge or respond to the claimant's grievance submitted on 30 January 2023.
- The claimant resigned on 9 February 2023 due to the respondent's failure to communicate and address her concerns.
- The tribunal found that the respondent's conduct amounted to a fundamental breach of trust and confidence.
Timeline
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Employment started
Claimant began employment as a care worker on a zero-hours contract.
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Care visit scheduled
Deputy branch manager placed claimant on a care visit for 16 January 2023 at 8:06am.
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Refusal to attend visit
Claimant contacted out-of-hours team to refuse the visit, leading to a dispute with Rebecca Long.
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Suspension
Claimant was suspended pending investigation into refusal and attitude. Access to rota system blocked.
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Complaint about suspension
Claimant emailed Nicola Morton complaining about Rebecca Long's conduct.
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Meeting with Nicola Morton
Claimant had a 1:1 chat; received apology but no discussion about suspension.
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Return to work offered
Nicola Morton emailed claimant stating she was happy for her to return to work, but suspension not formally lifted.
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No pay received
Claimant received no pay for week commencing 16 January; only a tax refund of £48.40.
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Grievance submitted
Claimant submitted formal grievance about unfair suspension and non-payment.
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Clarity on return to work
Sarah Williams asked claimant if she would return to work; claimant did not respond directly.
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Confirmation suspension ended
Nicola Morton confirmed suspension ended on 25 January 2023.
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Resignation
Claimant resigned with immediate effect, citing unfair suspension, withheld wages, and ignored grievance.
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Payment received
Claimant received £280.05 for underpaid wages, one day after resignation.
The legal issue
The tribunal had to decide whether the employer's conduct—suspending the claimant without pay, delaying payment, and failing to respond to her grievance—amounted to a fundamental breach of contract that entitled her to resign and claim constructive unfair dismissal.
The outcome
The tribunal upheld the claim of constructive unfair dismissal. It found that the respondent's conduct, including suspending the claimant without pay for three weeks, delaying payment of wages until after her resignation, and ignoring her formal grievance, destroyed the mutual trust and confidence required in the employment relationship. The claimant resigned in response to these breaches and did not affirm the contract.
The remedy hearing is yet to be scheduled, so no compensation has been awarded at this stage.
Lessons & takeaways
- Zero-hours workers still have employment rights, including the right not to be constructively dismissed.
- Suspending an employee without pay can be a breach of contract unless the contract expressly allows it.
- Ignoring a formal grievance can itself be a fundamental breach of trust and confidence.
- Delays in paying wages, even if later corrected, can contribute to a finding of constructive dismissal.
This case shows how a breakdown in basic communication and process can lead to a successful constructive dismissal claim, even for a worker on a zero-hours contract. The care worker was suspended after a dispute about a care visit, but the employer did not formally lift the suspension for over two weeks, leaving her without pay. When she submitted a grievance, it was ignored. She resigned shortly after.
What the employer did wrong
The employer could have avoided this outcome by following a proper procedure. Suspension should not be used as a punishment, and pay should continue unless the contract allows otherwise. The employer also failed to respond to the grievance, which the tribunal treated as a serious breach. A simple acknowledgement and investigation would have gone a long way.
Why this matters
This decision confirms that the implied duty of trust and confidence applies to all workers, regardless of contract type. Employers who ignore grievances or withhold pay without good reason risk being found to have constructively dismissed the employee. For workers, it shows that resigning in response to a fundamental breach can lead to a finding of unfair dismissal, even without a formal dismissal letter.
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