Dismissal for breakdown in relationship with manager upheld by tribunal
A pharmacy dispenser who fell out with her line manager was fairly dismissed for some other substantial reason. Her race discrimination and unfair dismissal claims were rejected.
2 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was a dispenser at Lloyds Pharmacy from February 2018 until her dismissal on 10 November 2020.
- The claimant had ongoing issues with her line manager, Ms Boachie-Dapaah, regarding timekeeping, flexible working, and performance reviews.
- During a mediation meeting on 17 February 2020, Ms Boachie-Dapaah suggested that the claimant's refusal to follow instructions might be due to the colour of her skin.
- The claimant reacted angrily, accused Ms Boachie-Dapaah of calling her a racist, and went off sick, never returning to work.
- The claimant was dismissed for some other substantial reason, namely the irretrievable breakdown in the working relationship.
- The tribunal found that the claimant's race discrimination and unfair dismissal claims failed.
Timeline
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Claimant started work
Claimant began employment as a dispenser at Lloyds Pharmacy.
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Performance review meeting
Ms Boachie-Dapaah gave the claimant an 'inconsistent' rating; the claimant walked out and later lodged a grievance.
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First grievance lodged
Claimant complained about Ms Boachie-Dapaah's treatment regarding flexible working and the performance review.
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First grievance outcome
Grievance not upheld; claimant was warned about timekeeping.
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Mediation meeting
During mediation, Ms Boachie-Dapaah suggested the claimant's behaviour might be due to skin colour; claimant accused her of racism and left.
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Second grievance lodged
Claimant sent a grievance alleging Ms Boachie-Dapaah had accused her of racism.
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Investigation findings
Investigation found no evidence of racism by Ms Boachie-Dapaah but recommended disciplinary investigation into claimant's behaviour.
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Stage 1 sickness absence review
Claimant referred to occupational health; she refused to return to work with Ms Boachie-Dapaah or move branches.
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Stage 3 sickness review
Claimant maintained refusal to return; Ms Banks considered capability dismissal but held off due to pending disciplinary.
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Dismissal
Claimant dismissed for some other substantial reason – irretrievable breakdown in relationship with manager.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and whether she was subjected to race discrimination (harassment and victimisation) by her employer.
The outcome
The tribunal dismissed all claims. The dismissal was for a potentially fair reason (some other substantial reason – breakdown in relationship). The employer acted reasonably in treating that as sufficient to dismiss, and dismissal was within the range of reasonable responses.
No compensation was awarded as the claims failed in their entirety.
Lessons & takeaways
- A breakdown in working relationships can be a fair reason for dismissal, even if the employee is not at fault, provided the employer has explored alternatives.
- Refusing to return to work with a manager or to accept a transfer to another branch can make dismissal more likely to be fair.
- Tribunals will carefully examine whether the breakdown is genuine and irreparable, and whether the employer has acted reasonably in all the circumstances.
- A comment made during mediation about skin colour, when not intended as harassment, may not amount to unlawful discrimination if it was a clumsy attempt to explore issues.
- Litigants in person face a high bar in proving discrimination claims, especially when the tribunal prefers the employer's evidence.
When a working relationship breaks down
This case shows how a breakdown in trust and confidence between an employee and their manager can lead to a fair dismissal, even when the employee is not primarily to blame. The claimant, a pharmacy dispenser with four years' service, had ongoing difficulties with her line manager over timekeeping, flexible working, and performance reviews. Matters came to a head during a mediation session in February 2020, when the manager suggested that the claimant's refusal to follow instructions might be due to the colour of her skin. The claimant reacted angrily, accused the manager of racism, and went off sick, never returning to work.
What the employer did right
The employer investigated the claimant's grievance about the mediation comment and found no evidence of racism. They also investigated concerns raised by other staff about the claimant's behaviour towards the manager, leading to a final written warning. Meanwhile, the claimant refused to return to work with the manager or to move to another branch, insisting the manager be moved instead. The employer explored alternatives but concluded the relationship was irreparable. The tribunal accepted that dismissal for some other substantial reason was within the range of reasonable responses.
Why the claims failed
The tribunal rejected the claimant's race discrimination claims, finding that the manager's comment during mediation was not intended to harass and did not have the purpose or effect of creating an intimidating environment. The claimant's unfair dismissal claim also failed because the employer had a genuine reason for dismissal and acted reasonably. The tribunal noted that the claimant's refusal to consider a transfer or return to work with the manager left the employer with no viable alternative.
This case highlights that employees who refuse to engage with solutions proposed by their employer, such as a transfer, risk undermining their own unfair dismissal claim. It also shows that a single clumsy remark during mediation, without more, is unlikely to amount to race discrimination.
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