Constructive dismissal after grievance ignored and apology contradicted
An HR and Recruitment Coordinator won her constructive unfair dismissal claim after her employer failed to deal with her grievance and sent mixed messages that destroyed trust and confidence. The tribunal awarded £15,195.90.
1 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #breach-of-trust-and-confidence
- #acas-code-uplift
- #grievance-not-dealt-with
- #family-run-business
- #last-straw-doctrine
Key facts
- The claimant was employed as HR and Recruitment Coordinator from 4 January 2016.
- On 11 February 2019, a new managing director was appointed, causing family conflict.
- The claimant's files were removed, access restricted, and she was isolated.
- The claimant raised a grievance on 20 March 2019, which was not dealt with.
- On 8 June 2019, Michael Breach sent a letter apologising and accepting the claimant's treatment.
- The claimant resigned on 25 June 2019 after receiving mixed messages from the respondent.
Timeline
-
Employment started
Claimant began work as HR and Recruitment Coordinator.
-
New managing director appointed
Claire Rose appointed as MD; Martin and Louise Breach left the company.
-
Files removed
Claimant's recruitment files taken without explanation.
-
Access restricted
Technical areas restricted; security cameras turned off.
-
Email ignored
Claimant's email about candidates and files received no response.
-
Confrontation with MD
Claire Rose spoke to claimant in a hostile manner.
-
LinkedIn access lost
Claimant lost access to LinkedIn due to cancelled credit card.
-
Sickness absence began
Claimant went off sick and never returned.
-
Grievance raised
Claimant submitted grievance about treatment in February.
-
Apology letter
Michael Breach sent letter apologising and accepting poor conduct.
-
Mixed message from Martin
Martin Breach emailed suggesting return to work, contradicting earlier apology.
-
Resignation
Claimant resigned, citing mixed messages and breakdown of trust.
The legal issue
The tribunal had to decide whether the employer's conduct — including ignoring a grievance, removing files, restricting access, and sending mixed messages after an apology — amounted to a fundamental breach of the implied term of trust and confidence, justifying the employee's resignation as constructive dismissal.
The outcome
The tribunal upheld the claimant's claim for constructive unfair dismissal.
Key reasons:
- The respondent failed to deal with the claimant's grievance, which was a clear breach of the implied term of trust and confidence.
- The apology letter from Michael Breach acknowledged the mistreatment, but the subsequent email from Martin Breach contradicted it, creating confusion and further undermining trust.
- The claimant resigned in response to this cumulative conduct, which amounted to a last straw.
Compensation breakdown:
- Basic award: £1,765.40
- Compensatory award: £12,930.50
- Total: £15,195.90
Lessons & takeaways
- If you raise a grievance, your employer must deal with it properly — ignoring it can be a fundamental breach of trust and confidence.
- Mixed messages from different managers after an apology can destroy any remaining trust and may amount to a 'last straw' justifying resignation.
- Keep a clear record of all communications and incidents, as they can demonstrate a pattern of behaviour that breaches the implied term.
- Constructive dismissal claims require you to resign in response to a fundamental breach — resigning too late or for other reasons may weaken your case.
When an apology isn't enough
This case shows how a breakdown in trust and confidence can build over a short period and culminate in a successful constructive dismissal claim. The claimant, an HR and Recruitment Coordinator with three years' service, experienced a rapid deterioration in her working conditions after a new managing director was appointed in February 2019. Her files were removed, her access to systems was restricted, and she was isolated. She raised a grievance on 20 March 2019, but the employer never dealt with it.
The apology that backfired
In June 2019, after the managing director had been removed, Michael Breach sent a fulsome apology, accepting that the claimant had been badly treated and even acknowledging she might take legal action. But then Martin Breach sent an email that contradicted the apology, suggesting the claimant should simply return to work. This mixed message was the final straw. The tribunal found that the respondent's conduct — particularly the failure to handle the grievance and the contradictory communications — destroyed the trust and confidence necessary for the employment relationship.
What the employer could have done differently
The respondent could have avoided this outcome by dealing with the grievance promptly and properly. Instead, they left the claimant in limbo for months. When they did communicate, they sent inconsistent messages that undermined the earlier apology. A clear, consistent approach — and a genuine attempt to resolve the grievance — would have given the respondent a much stronger defence.
Why this matters for similar claims
For employees, this case reinforces that constructive dismissal can arise from a series of events, not just one dramatic incident. The 'last straw' can be relatively minor if it comes after a history of breaches. For employers, it is a reminder that ignoring grievances and sending mixed signals can be costly — both in terms of compensation and reputational damage.
Similar cases
Demoted without consultation: constructive dismissal after 20 years' service
A long-serving installations manager was constructively dismissed after being demoted twice without consultation. The tribunal awarded £24,331.
Pushed by boss then offered a sham deal: constructive dismissal over broken promises
A deputy manager who was pushed by her employer during a dispute, then offered a deal to return only to have it reneged on, has won her constructive unfair dismissal claim. The tribunal awarded £25,391.35.
Suspended after resigning: a branch manager's constructive dismissal claim succeeds
A branch manager with 15 years' service was suspended for alleged gross misconduct after handing in his notice. The tribunal found it was a 'witch hunt' and awarded a 25% ACAS uplift for failing to follow the code.
Housing advisor wins constructive dismissal after church breached trust and confidence
A housing advisor with eight years' service was constructively dismissed after her employer instructed her to hand over work and equipment within two days, breaching the implied term of trust and confidence. The tribunal awarded £34,106.