Claimant v South East Coast Ambulance Service NHS Foundation Trust
Outcome
Individual claims
The tribunal found that although the respondent made errors (proposing mediation with the complainant's union rep as co-chair, and issuing a grievance outcome letter inaccurately stating there was 'no evidence' when foul language had been found to have occurred), these acts neither individually nor cumulatively amounted to a repudiatory breach of the implied term of trust and confidence. The tribunal held this was a high legal burden which the claimant did not meet. The respondent's conduct was not calculated or likely to destroy or seriously damage the employment relationship.
The claim failed because the tribunal concluded the claimant was not dismissed within the meaning of section 95 ERA 1996. Since there was no constructive dismissal (no repudiatory breach of contract), the claimant had resigned rather than been dismissed, and therefore there could be no unfair dismissal.
Facts
The claimant, a Deputy Chief Pharmacist, raised an informal grievance in June 2023 about a subordinate's (CO's) behaviour toward her, including an incident where CO used foul language during a one-to-one meeting. After failed attempts at facilitated discussion and mediation (which CO refused or withdrew from), the claimant escalated to a formal grievance. An external investigator found the grievance unsubstantiated. The grievance outcome letter stated there was 'no evidence' CO's behaviour breached Trust values, despite the investigator having found that foul language was used. The claimant resigned in January 2024 after receiving this outcome letter and a further meeting with the investigator.
Decision
The tribunal dismissed the constructive unfair dismissal claim. Although the respondent erred in proposing mediation co-chaired by CO's union representative and in issuing an inaccurate grievance outcome letter, these failings did not, individually or cumulatively, amount to a repudiatory breach of the implied term of trust and confidence. The tribunal found the errors did not meet the high legal threshold of conduct calculated or likely to destroy or seriously damage the employment relationship.
Practical note
Procedural errors and inaccuracies in grievance handling, even if regrettable, will not necessarily constitute a repudiatory breach of trust and confidence sufficient for constructive dismissal—the test is objective and requires conduct going to the root of the contract.
Legal authorities cited
Statutes
Case details
- Case number
- 2303430/2024
- Decision date
- 23 July 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Deputy Chief Pharmacist
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep