Croupier wins constructive dismissal after months of grievance delay
A croupier with six years' service resigned after his employer failed to deal with his grievance for over a month and left him without a line manager for weeks. The tribunal awarded £16,345.60.
1 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #grievance-delay
- #pay-disparity
- #locker-search
- #customer-incident
- #acas-uplift
Key facts
- The claimant worked as a croupier from 23 August 2016 to 15 January 2023.
- He was investigated in May 2022 following a colleague's grievance but not told of the outcome until December 2022.
- In July 2022, a customer threw a gaming chip at him, causing pain but no visible injury.
- From September to November 2022, the claimant had no clear line manager and could not raise concerns.
- He submitted a grievance on 23 November 2022 but did not receive an outcome until after he resigned.
- The claimant resigned on 27 December 2022, citing cumulative frustration with the respondent's conduct.
Timeline
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Employment commenced
Claimant started as a licensed croupier at Aspers (Stratford City) Ltd.
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Long service award missed
Claimant's 5-year service award was not given; it was belatedly provided in January 2023.
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Locker search
Respondent searched claimant's locker; reason unclear but permitted by contract.
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Investigation interview
Claimant interviewed regarding a colleague's grievance; not told outcome until December.
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Customer chip incident
Customer threw a chip at claimant's hand; managers responded but claimant felt unsupported.
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Pay disparity discovered
Claimant learned a less experienced colleague was paid £3,000 more per year.
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ACAS notification
Claimant notified ACAS to prompt engagement from respondent.
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Meeting with Mr Boulton
Claimant finally had a meeting to discuss concerns; invited to submit grievance.
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Grievance submitted
Claimant submitted formal grievance about pay, safety, and treatment.
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Grievance meeting
Meeting held; claimant told outcome would be within 14 days.
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Resignation
Claimant gave notice of resignation, effective 15 January 2023.
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Grievance outcome received
Claimant received outcome letter dated 19 January 2023; most complaints not upheld.
The legal issue
The tribunal had to decide whether the employer's conduct, taken as a whole, was so serious that it destroyed the trust and confidence needed for the employment relationship, making the resignation a constructive dismissal.
The outcome
The tribunal upheld the claim for constructive unfair dismissal but dismissed the claims for direct race and sex discrimination.
The key reasons were:
- The respondent took over a month to provide a grievance outcome, and only did so after the claimant had resigned.
- The claimant was left without a clear line manager for several months, making it impossible to raise concerns.
- The respondent's response to a customer throwing a chip at the claimant was inadequate, and the customer was allowed to remain in the casino.
Compensation:
- Basic award: £3,402.00
- Compensatory award: £12,943.60
- Total: £16,345.60
Lessons & takeaways
- If you are considering a constructive dismissal claim, you must resign promptly after the final act you rely on — any delay can weaken your case.
- Keep a detailed record of all incidents and communications, including dates, as this will be crucial evidence.
- Employers should deal with grievances promptly and ensure employees have a clear line manager to raise concerns with.
- A single incident may not be enough to resign — tribunals look at the cumulative effect of the employer's conduct.
This case shows how a series of management failures can add up to a constructive dismissal, even when no single act is enough on its own. The croupier had worked for Aspers for six years when a series of events — a delayed grievance, a missing line manager, and a poorly handled customer incident — led him to feel he had no choice but to resign.
What went wrong
The tribunal found that the employer's handling of the croupier's grievance was the final straw. He submitted a formal grievance on 23 November 2022, but did not receive an outcome until after he had resigned — the letter was dated 19 January 2023, over a month after he left. During that time, he had no clear line manager and felt unable to raise his concerns. The tribunal also noted that the employer's response to a customer throwing a gaming chip at the croupier was inadequate: the customer was allowed to stay in the casino, and the croupier felt unsupported.
What the employer could have done differently
Aspers could have avoided this claim by dealing with the grievance promptly and keeping the croupier informed. Giving him a clear line manager and taking his concerns about customer behaviour seriously would also have helped. The tribunal was critical of the delay in providing the grievance outcome, which it said was unreasonable.
Why this matters
For employees, this case is a reminder that constructive dismissal claims can succeed when there is a pattern of poor treatment, even if each incident seems minor. For employers, it highlights the importance of having proper procedures in place for grievances and ensuring managers are accessible. The award of £16,345.60 reflects the croupier's six years of service and the time he was out of work.
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