The employee in this case resigned and claimed constructive dismissal due to procedural irregularities into a bullying allegation. That is a tough hurdle for any employee to get over but she succeeded and was awarded €14k compensation. The EAT was clearly not impressed by much of the respondent's evidence and went to the unusual step of setting out a list of things it was "most dis-satisfied with:

• the absence of minutes of the various meetings;
• the lack of original signed statements of other employees interviewed as part of the investigation;
• failure to furnish a letter to the claimant that the formal approach to the investigation of bullying would take place;
• notification to the claimant of meetings by text;
• the lack of notes of the appraisal meeting between CM and the claimant at which the claimant alleged that AP was bullying her.
• The investigation report dated the 17 January 2012 was sent to the claimant accompanied by a compliment slip. It is extremely surprising that a report on such an important matter would not be accompanied by a letter. Such a letter would have set out the options (if any) available to the claimant. It would also have brought clarity to what exactly KR offered to the claimant and /or her representatives in relation to returning to work at the site in question or another site. The Tribunal is not satisfied with the evidence given by KR in this respect. The Tribunal does not accept that the respondent could arrange alternative work with an independent retailer as being a viable option."
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