Care home manager who resigned over Covid vaccine mandate loses constructive dismissal claim
A care home manager with lupus who resigned after the Covid vaccine mandate was introduced has lost her constructive unfair dismissal and disability discrimination claims. The tribunal found no breach of trust and confidence.
2 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #covid-vaccination
- #disability-discrimination
- #lupus
- #ehlers-danlos-syndrome
- #polkey-deduction
Key facts
- The claimant was employed as Home Manager from 11 June 2018 until her resignation on 11 August 2021.
- The claimant had disabilities of Lupus, Ehlers-Danlos Syndrome, and autism, but the respondent did not know of Lupus until 2 September 2021 and never knew of EDS.
- The claimant resigned primarily due to the mandatory Covid vaccination requirement and having obtained another job.
- The respondent refused to allow the claimant to retract her resignation, citing business stability, vaccination status, and low occupancy.
- The tribunal found no breach of the implied term of trust and confidence and dismissed all claims.
Timeline
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Employment started
Claimant began working as Home Manager at Hornchurch care home.
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First resignation
Claimant resigned but was permitted to retract and continued working.
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SHM appointment confirmed
Pervine Emery-King was confirmed as Senior Home Manager for Area 4.
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Unannounced visit by Managing Director
Managing Director James Ilesanmi visited the Home unannounced; meeting discussed renovations and financial performance.
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Claimant resigned
Claimant emailed resignation letter citing vaccination concerns and lack of support with nurse redeployment.
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Respondent asked claimant to reconsider
Ms. Daley asked claimant to think about her decision over the weekend.
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Meeting disclosing Lupus
Claimant disclosed Lupus diagnosis to Ms. Daley and HR in a meeting about vaccination.
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Respondent refused to retract resignation
Meeting where respondent explained reasons for not allowing withdrawal of resignation.
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Claimant placed on gardening leave
Claimant was placed on gardening leave until termination.
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Employment ended
Claimant's resignation took effect after notice period.
The legal issue
The tribunal had to decide whether the employer's actions, including refusing to let the claimant retract her resignation, amounted to a fundamental breach of contract entitling her to resign and claim constructive dismissal, and whether the employer discriminated against her on grounds of disability (lupus, Ehlers-Danlos syndrome, and autism).
The outcome
The tribunal dismissed all claims.
- The constructive unfair dismissal claim failed because the employer's refusal to allow the claimant to retract her resignation was not a breach of the implied term of trust and confidence. The employer had legitimate business reasons, including the vaccination mandate and low occupancy.
- The disability discrimination claims failed because the employer did not know about the claimant's lupus until after her resignation, and never knew about her Ehlers-Danlos syndrome. The autism-related claims were dismissed for non-payment of a deposit.
- No compensation was awarded.
Lessons & takeaways
- If you resign in response to a workplace policy, you must show that the employer's action was a fundamental breach of contract — a policy change alone may not be enough.
- Employers can refuse to let an employee retract a resignation if they have genuine business reasons, such as regulatory requirements or staffing stability.
- Disability discrimination claims require the employer to have known or be expected to know about the disability at the time of the alleged discriminatory act.
- Tribunals will consider the context of the Covid-19 pandemic and government mandates when assessing the reasonableness of employer actions.
When resignation is the only option — but not constructive dismissal
This case shows the limits of constructive dismissal claims in the context of a government-imposed vaccination mandate. The care home manager, who had worked for HC One Limited for just over three years, resigned in August 2021 after the government announced that care home staff must be fully vaccinated against Covid-19. She cited concerns about the vaccine due to her health conditions, including lupus, and a lack of support with redeployment.
However, the tribunal found that the employer had not breached the implied term of trust and confidence. The employer had legitimate reasons for not allowing her to retract her resignation: the vaccination mandate was imminent, the home had low occupancy, and they needed a manager who could comply. The tribunal noted that the claimant had already secured another job, which undermined her claim that she was forced to resign.
What the employer did right — and what the claimant could have done differently
HC One Limited acted reasonably by asking the claimant to reconsider her resignation and by meeting with her to discuss her concerns. They also placed her on gardening leave, which was not a breach of contract. The claimant's disability discrimination claims failed largely because the employer did not know about her lupus until after she had resigned, and never knew about her Ehlers-Danlos syndrome. The autism-related claims were struck out for non-payment of a deposit.
If the claimant had wanted to challenge the vaccination mandate, she might have been better advised to stay in post and raise a grievance, rather than resigning. Resigning without giving the employer a chance to address her concerns made it harder to show that the employer's conduct forced her out.
Why this matters for similar claims
This case is a reminder that constructive dismissal is a high bar. Employees who resign in response to a workplace policy must show that the employer's action was a fundamental breach of contract — not just that they disagreed with the policy. The tribunal will look at the employer's reasons and whether they acted reasonably in the circumstances. For disability discrimination claims, timing is critical: the employer must have known about the disability at the relevant time.
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