Does my Constructive Dismissal case have bearing - England
Hi,
Needing advise on my case if it even has legal bearing.
I have since resigned from this employer of 2 years and 2 months. Here is my situation:
I work for NHS as a nurse. Out of the 2 years I worked there, I was labeled unsafe to work, placed on performance improvement plan, reduced to work as a Health Care Assistant, suspended with out proper rationale.
During all these, I have raised concerns to the Associate Director of Nursing for our department and HR Employee relations but nothing was ever done.
I was investigated for misconduct and was suspended from June but was dismissed for being unsubstantiated but remained suspended til January following a Stage 3 Performance Capability Hearing. I have raised this to HR arguing that per the trust's policy, a Performance/ Capability case does not warrant a suspension and how I was never spoken to the reason as to the need to extend my suspension when the initial misconduct case has been dismissed on October.
The process of trust's Performance Improvement Plan was not follow to the point that it reached a Stage 3 Performance Capability Hearing despite me raising concerns that the process was never followed (no performance meetings, no evidence raised of unmet goals).
It was during the Stage 3 Performance Capability hearing, did they finally hear me and the commitee chair acknowledged that there 1) had no basis for being deemed unsafe to practice, 2) no rationale for being reduced to work as a health care assistant when I am contracted as a nurse, 3) my suspension extension was unsubstantiated, and lastly, 4) that management failed to follow the Performance Improvement Policy and has no sufficient evidence to support I have not met the goals set leading to a Stage 1 and Stage 2 Performance Improvement Plan.
I was offered to be moved to a different department.
I resigned immediately citing the experience I had with management as reason. I have also filed a Formal Grievance before leaving but was made aware that will not be contacted for the outcome.
The reason I didnt resign before was I always thought I was the problem, and it greatly affected my confidence in my skills and my trust to my colleagues. The hearing outcome opened eyes that what I have been raising is correct.
I have all the emails as evidence that I have raised my concerns from the unsafe to practice allegations, suspension and PIP, as well as the outcome of the hearing.
I have filed with ACAS and is awaiting early conciliation but I wanted to seek advise if I have a case.
Thank you.
Posted May 10, 2026, 2:01 PM UTC