Nurse Wins £25K Constructive Dismissal Award After Facing “Bullying and Belittling Behaviour” at Work

In Ms Maureen Howieson v Implantsdentist Ltd t/a Great Junction Dental Practice, a senior dental nurse has received a £25,000 constructive dismissal award after the employment tribunal found she was unfairly “forced out” of her role.

Below, we examine exactly what happened and the tribunal’s reasoning behind its judgment. We then discuss whether constructive dismissal solicitors are required to bring a claim and the potential compensation those who are successful could receive.

If you believe you’ve been constructively dismissed, please don’t hesitate to reach out immediately. Redmans Solicitors are employment law specialists, and following a brief consultation, we can provide expert advice and assess your eligibility to make a claim.

To find out more about how we can help you, please:

• Give us a call directly on 020 3397 3603
• Request a callback by completing our online form

The Facts in Ms Maureen Howieson v Implantsdentist Ltd t/a Great Junction Dental Practice

Background to the Constructive Dismissal Award

Ms Maureen Howieson (“the Claimant”) began working for Implantsdentist Ltd t/a Great Junction Dental Practice (“the Respondent”) on 17 February 2008. She was employed as a receptionist and senior dental nurse, working under practice owner Mrs Siersch, until the business was sold on 24 July 2024 to Dr Vithayathil. The Claimant had over four decades of experience and had trained numerous dental nurses throughout her career.

Read More: Bully at Work: Can a Workplace Bully be Sacked?

Before the change in ownership, the Claimant’s primary duties were at reception. She would occasionally undertake dental nursing responsibilities to cover sickness absences; however, her psoriatic arthritis prevented her from carrying out such tasks regularly.

Within two weeks of Dr Vithayathil’s acquisition, three new members of staff were recruited. One of them was Mrs Iqbal, a dental therapist. She had qualified as a dentist in India but required additional certification to practise in the UK. In the meantime, her duties included dental hygiene, dental nursing, reception work, and other responsibilities.

Events Following Claimant’s Absence

While the Claimant was on sick leave, Mrs Iqbal commenced her employment. Upon her return, on 2 September, the Claimant found that Mrs Iqbal had assumed full-time responsibility for the reception. Compounding matters, the Respondent had introduced a new telephone system while she was away, and didn’t provide her with the necessary training.

Unfortunately, the Claimant only learned of these changes when she returned, leading to an understandably “strained” relationship with Mrs Iqbal. The situation also left her feeling “more and more sidelined,” as described by Mrs Siersch, who remained employed after the sale.

While the other two new hires had a better working relationship with the Claimant, issues still arose. Her attempts at training them on practice procedures were “met with resistance,” and it soon became clear that they didn’t consider her to hold authority over them.

Having lost her receptionist duties and struggles with the new recruits, the Claimant turned to cleaning and other tasks previously performed by a more junior nurse. According to Mrs Siersch, the Claimant was left with “no clear position in the practice.”

Tears Lead to Meeting with Management

Only a few days after the Claimant’s return, on 4 September, Mrs Siersch found her in tears. Asking what was wrong, she learned that the Claimant felt “left out,” “unappreciated,” and that she’d been “reduced to a cleaner.” Mrs Siersch then advised that she speak with Dr Vithayathil.

In a subsequent meeting, the Claimant discussed her concerns with Dr Vithayathil. While he admitted to previous issues with Mrs Iqbal at reception, he explained that she would remain in her position. Despite this, he outlined the possibility of the Claimant assuming a practice manager role.

Read More: Last In, First Out: Is it Fair Redundancy?

On 5 September, the Claimant was then asked to work at the reception during the afternoon. Yet, when she spoke to Mrs Iqbal about this, she was met with firm resistance. The Claimant took the matter to Dr Vithayathil, but this only led to further issues.

After being informed about matters, Dr Vithayathil said he would get his wife to speak with the Claimant, raising questions about his wife’s position. Mrs Vithayathil claimed to be the Respondent’s business manager, distinct from the practice manager role. However, during proceedings, it became apparent that there was no distinction.

This detail was important as it left the Claimant sceptical about the likelihood of her becoming the Respondent’s practice manager. After all, how could she, if the practice owner’s wife had already filled the position?

Claimant Resigns and Makes Claim for Constructive Dismissal Award

The same issues with Mrs Iqbal persisted, and with the workplace situation not improving, the Claimant eventually suffered a panic attack, witnessed by Mrs Siersch. The “final straw,” however, came on 25 October, when her salary had a £300 shortfall. There was some confusion from Mrs Vitayathil about whether the Claimant was in a salaried or hourly paid position, and when the Claimant queried this, she was told she was doing “less work.”

This left the Claimant unhappy, resulting in her resignation the following day. In her letter, she explained how the decision had been made following the removal of her duties, treatment from colleagues and issues with her salary. In her view, there had been a “coordinated effort to isolate, belittle and bully [her] out of the business.” She subsequently brought her case to the employment tribunal, claiming constructive unfair dismissal.

The Employment Tribunal’s Judgment

Following the proceedings, the employment tribunal addressed the elements required to award compensation for constructive dismissal. It determined that the final straw leading to the Claimant’s resignation was the salary underpayment. As she resigned almost immediately, it further found that she hadn’t affirmed her contract.

Read More: ACAS Urges Employers to Support Neurodiverse Staff

Moving on, the tribunal then considered whether a single incident or a series fundamentally breached the Claimant’s contract of employment. It ultimately held that the removal of her duties, failure by the Respondent to handle the tensions with Mrs Iqbal and issues concerning her salary all contributed to and constituted a fundamental breach.

In the end, the tribunal “had sympathy with the claimant’s position that she was being forced out.” It ruled she resigned as a direct result of the breaches; thus upholding her claim. It then provided her with a £25,254 constructive dismissal award, comprising a £15,120 basic award and £10,134 compensatory award.

Do You Need a Solicitor for Constructive Dismissal?

If an individual believes they’ve been constructively dismissed, certain conditions must be satisfied to bring a claim. They must be an employee, usually with at least two years’ continuous service, and they must resign promptly in response to a fundamental breach of contract—delaying resignation can be seen as affirming the contract. The claim must then be lodged within strict constructive dismissal time limits, and Acas early conciliation is typically required before a claim can proceed.

It should be noted that in some cases, such as claims involving discrimination, the two-year service requirement doesn’t apply. Furthermore, having constructive dismissal solicitors isn’t legally required to bring a claim. However, obtaining specialist advice is strongly recommended, as it can help ensure the legal position is fully understood and maximise the chances of achieving the best possible outcome.

What’s the Average Payout for Constructive Dismissal?

If an employee succeeds with their claim, they could receive a constructive dismissal award. Compensation for constructive dismissal typically comprises two components: a basic and a compensatory award.

The basic award is a statutory amount determined based on an individual’s weekly pay (capped at £719), continuous service length (capped at 20 years) and age. Employees aged under 22 receive 0.5 weeks’ pay for each year of service. Those aged between 22 and 40 receive 1 week’s pay for each year worked. Finally, employees aged 41 or over receive 1.5 weeks’ pay for each year of employment.

With the caps in mind, the maximum basic award available is £719 x 20 years x 1.5 weeks = £21,570.

As for the compensatory award, this covers the “amount the tribunal considers just and equitable in all the circumstances, having regard to the loss sustained by the complainant in consequence of the dismissal…” Put simply, this means financial losses sustained as a result of the resignation, including past and future wages, statutory rights and pensions.

As of 2025, the cap on this amount is the lesser of 52 weeks’ gross salary or £118,223. Notably, though, if an employee’s case involves automatic unfair dismissal, such as discrimination, the compensatory award has no upper limit.

Claiming a Constructive Dismissal Award: Get Help with Redmans

If you’ve faced constructive unfair dismissal and want expert help, contact Redmans Solicitors. As employment sector specialists, we can answer your queries, discuss your options and assess your eligibility to make a claim.

It only takes a moment to discover how we can help you, simply:

• Phone us on 020 3397 3603
• Request a callback via our online form