Constructive unfair dismissal claim fails after employer followed proper grievance process
A maintenance worker with 11 years' service resigned after his employer investigated and responded to his grievance. The tribunal found the process was fair and dismissed his constructive unfair dismissal claim.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant resigned on 9 February 2022 after receiving a grievance decision letter.
- The claimant had been off sick since 28 September 2021 with stress and depression.
- The grievance letter was sent on 25 December 2021 and raised multiple historical issues.
- The employer investigated and issued a detailed grievance decision on 27 January 2022.
- The claimant did not appeal the grievance decision before resigning.
- The tribunal found the grievance process was properly carried out and not a breach of contract.
Timeline
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Employment started
Claimant commenced employment as a maintenance worker.
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Last day at work
Claimant left work early to see GP about back and wrist pain; began sickness absence.
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Welfare meeting requested
Employer requested welfare meeting but claimant was too unwell to attend.
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Grievance letter sent
Claimant's wife sent a grievance letter raising multiple concerns.
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Grievance decision issued
Employer sent a detailed grievance decision letter addressing each point.
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Resignation
Claimant resigned with immediate effect, citing breach of contract.
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ACAS notified
Claimant notified ACAS of potential claim.
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Claim presented
Claimant presented claim to Employment Tribunal.
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Final hearing started
Four-day final hearing commenced.
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Judgment given
Tribunal dismissed the constructive unfair dismissal claim.
The legal issue
The tribunal had to decide whether the employer's handling of the claimant's grievance amounted to a fundamental breach of the implied term of trust and confidence, which would have entitled the claimant to resign and claim constructive unfair dismissal.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal.
- The claimant resigned on 9 February 2022 after receiving a detailed grievance decision letter on 27 January 2022.
- The tribunal found that the employer had properly investigated the grievance and issued a reasonable response. The claimant did not appeal the decision before resigning.
- No compensation was awarded as the claim failed.
Lessons & takeaways
- If you are considering resigning and claiming constructive dismissal, you should usually appeal any grievance decision first to give your employer a chance to remedy the situation.
- An employer who follows a proper grievance process and issues a detailed response is unlikely to be found in breach of the implied term of trust and confidence.
- The 'last straw' must be an act that is part of a course of conduct; a single act that is not a fundamental breach may not be enough.
- Resigning without waiting for the outcome of an appeal can weaken a constructive dismissal claim.
When a grievance process goes right
This case shows that a well-handled grievance process can protect an employer from a constructive dismissal claim. The claimant, a maintenance worker with 11 years' service, had been off sick with stress and depression since September 2021. In December 2021, his wife sent a detailed grievance letter raising multiple historical issues. The employer investigated and issued a thorough written response on 27 January 2022, addressing each point. The claimant resigned two weeks later without appealing.
What could have been done differently
The tribunal noted that the claimant did not appeal the grievance decision before resigning. In constructive dismissal cases, the employee must show that the employer's conduct was so serious it fundamentally breached the contract. By not giving the employer a chance to correct any errors through an appeal, the claimant weakened his case. The employer, on the other hand, had followed its own procedures and provided a reasonable response.
Why this matters
For employees, this case is a reminder that constructive dismissal claims are hard to win. The burden is on the employee to prove a fundamental breach. For employers, it shows that a fair and thorough grievance process can be a strong defence. The tribunal emphasised that the employer's actions were within the range of reasonable responses, and there was no evidence of a breakdown in trust and confidence that justified resignation.
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