Ms Caroline Chileshe v South East Coast Ambulance Service NHS Foundation Trust — 2025

Ms Caroline Chileshe brought a constructive unfair dismissal claim arising from events in her management relationship with CO and the Respondent's handling of her grievance and later appeal. The tribunal accepted that the Claimant was distressed by aspects of the process, including an inappropriate proposal that mediation be co-chaired by CO's trade union representative, and that the grievance outcome letter was inaccurate in stating there was no evidence that CO's behaviour was not in line with Trust values or the Dignity at Work policy.

The tribunal also found that the Claimant's grievance appeal was partly upheld in one respect, namely that there had been a mismatch between the grievance outcome letter and the evidence about CO's use of foul language in the 9 March 2023 meeting. However, it held that the underlying investigation was thorough, that the isolated use of foul language occurred in a context of heightened conflict, and that the outcome did not amount, either by itself or together with earlier complaints about delay, mediation, transparency, or impartiality, to conduct calculated or likely to destroy or seriously damage trust and confidence.

Applying the constructive dismissal analysis, the tribunal treated the grievance outcome letter as the final act relied upon, considered whether the Claimant had affirmed the contract by working her notice, and concluded that she had not affirmed it in the circumstances. Even so, it found that there was no repudiatory breach of contract. The tribunal therefore held that the Claimant did not resign in response to a breach of contract and was not dismissed within section 95 of the Employment Rights Act 1996, so the claim failed and was dismissed.

No remedy was awarded.