Manager suffers health breakdown from work overload, grievance procedure not used.

A significant point in defence of this case is that the employee did not use the grievance procedure.

No use of the grievance procedure is a main reason why a Constructive Dismissal case may fail.

Employees do not really use the grievance procedure that much. Possibly because of the formality of it or more likely that they fear it may damage their relationship with their employer.

This is a personal injury case, not a constructive dismissal case. It is in relation to employment though. That the grievance procedure was not used would be largely in favour of the defence. Though obviously, for them, maybe not enough.

Read more about this case.