Claimant v Medicines and Healthcare Products Regulatory Agency

Outcome

Facts

The claimant was a Criminal Investigator who went on sick leave in October 2023 after raising complaints about his line manager Mr Berrow's conduct, including allegedly disclosing private financial information and spreading rumours. He initially agreed to an informal resolution process led by Mr Sarwar. From 19 December 2023 onwards, the claimant sought to escalate to a formal grievance, submitting multiple versions of a formal grievance document. The respondent maintained the informal process should continue and resolution should be attempted before formal proceedings. The claimant resigned on 10 February 2024, citing seven reasons including Mr Berrow's conduct, the failure to progress his formal grievance, and pay issues.

Decision

The tribunal found that while the respondent breached its own grievance policy by not allowing the claimant to proceed to formal grievance from 5 January 2024, this did not constitute a fundamental breach of contract sufficient for constructive dismissal. The respondent was still attempting informal resolution and the breach was not egregious. Furthermore, the tribunal found the claimant resigned primarily due to Mr Berrow's underlying conduct, not the grievance process failure, so the alleged breach was not a substantial reason for resignation. The claim was dismissed.

Practical note

Legal authorities cited