The Adjudication Officer in this case considered whether a delay in investigatory procedures will constitute a claim of constructive dismissal. The Complainant, a social care worker, tendered her resignation following an investigation process under the Respondent’s Trust in Care policy into an incident that occurred in February 2016.  A preliminary investigation commenced in May 2016, with tentative findings made in October 2016.

There was further delay between the end of the preliminary process and the appointment of the formal investigator (February 2017).  The Complainant, who was suspended on basic pay was denied the expeditious completion of the investigation and her return to work.

The Complainant had voiced her concerns regarding the delay in the investigation process.  Her queries