Restaurant manager's constructive dismissal and race discrimination claim rejected
A restaurant general manager who resigned after a disciplinary process and alleged race discrimination has lost his claims of constructive dismissal and race discrimination at the Leeds Employment Tribunal.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed as a restaurant general manager from 12 September 2012 until he resigned on 16 December 2022.
- The claimant was suspended on 10 November 2022 after a failed ROCC audit due to unapproved food and equipment brought in for a charity curry night.
- The claimant received a final written warning on 9 December 2022 for gross misconduct.
- The claimant's grievance alleging race discrimination was not upheld.
- The tribunal found no evidence that any treatment was because of the claimant's race.
Timeline
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Employment started
Claimant started work as a team member at Chicken Cabins Ltd.
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Promoted to RGM
Claimant promoted to Restaurant General Manager.
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Liverpool conference
Claimant attended a conference; alleged segregation by race, but tribunal found no evidence.
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Alleged 'cultural issues' comment
Claimant alleges Mr Smith said he could not be promoted due to 'cultural issues'; tribunal found no racial connotation.
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Go Large competition win
Claimant's store won the competition; Mr Smith had concerns about manipulation.
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Suspension
Claimant suspended after ROCC audit failure due to cooking equipment and food in store.
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Grievance submitted
Claimant submitted a grievance alleging race discrimination and conspiracy.
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Grievance outcome and disciplinary hearing
Grievance not upheld; disciplinary hearing resulted in final written warning.
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Resignation
Claimant resigned, citing constructive dismissal.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed and whether he suffered race discrimination, harassment, or victimisation.
The outcome
The tribunal dismissed all claims, finding that the employer's actions were not discriminatory and that the claimant was not constructively dismissed.
- The claimant's grievance alleging race discrimination was not upheld, and the tribunal found no evidence of racial motivation.
- The disciplinary process leading to a final written warning was reasonable.
- No compensation was awarded.
Lessons & takeaways
- If you believe you have been treated unfairly because of your race, gather clear evidence of racial motivation before bringing a claim.
- Constructive dismissal claims require you to show that your employer's conduct was so serious that you had no choice but to resign.
- A disciplinary process that follows procedure and is based on evidence is likely to be considered reasonable by a tribunal.
- Bringing a grievance does not automatically protect you from disciplinary action if there is a separate issue of misconduct.
What this case shows in practice
This case highlights the difficulty of proving race discrimination and constructive dismissal when an employer follows proper procedures. The claimant, a restaurant general manager with 10 years' service, resigned after receiving a final written warning for gross misconduct following a failed audit. He alleged that his treatment was due to his race, but the tribunal found no evidence to support this.
The claimant's allegations included being segregated at a conference, being told he could not be promoted due to 'cultural issues', and being subjected to a disciplinary process that he believed was a conspiracy. However, the tribunal concluded that the employer's actions were based on legitimate business concerns, not race.
What the losing side could have done differently
The claimant could have strengthened his case by providing more concrete evidence of racial motivation. The tribunal noted that the 'cultural issues' comment was not racially charged, and the disciplinary process was fair. If the claimant had documented instances of discriminatory treatment or had witnesses to support his claims, the outcome might have been different.
Why the result matters for similar claims
This decision reinforces that tribunals will scrutinise claims of discrimination and constructive dismissal carefully. Employers who follow fair procedures and base decisions on evidence are likely to succeed. Employees considering similar claims should ensure they have clear evidence of discrimination or that the employer's conduct was so unreasonable that resignation was the only option.
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