Dental nurse's constructive dismissal and discrimination claims rejected by tribunal
A dental nurse who resigned after securing another job failed to prove she was constructively dismissed or that her employer discriminated against her. All claims were dismissed.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was a dental nurse employed by KDPG Limited from 2015 to December 2020.
- The claimant alleged she was constructively dismissed due to a fundamental breach of trust and confidence.
- The tribunal found the claimant did not have a disability (anxiety) before March 2020.
- The claimant resigned after securing alternative employment and exhausting sick pay, not due to any breach.
- The respondent had a contractual right to deduct training costs from wages.
- All claims of discrimination, harassment, victimisation, and unfair dismissal were dismissed.
Timeline
-
Alleged incident with Ms Tullett
Claimant alleges Ms Tullett singled her out, called her names, and pressured her about a trainee's pay.
-
First fit note for anxiety
Claimant received a fit note citing anxiety symptoms due to occupational stress, recommending amended duties.
-
Wellbeing meeting
Meeting with Mr King and Ms Roberts; claimant discussed workplace stress and relationship with Ms Tullett.
-
First ET1 claim presented
Claimant presented first claim form, not including disability discrimination; stated she did not have a disability.
-
Trial shift at Peaks Dental Practice
Claimant started a trial shift at another dental practice while still employed by KDPG.
-
Incident with Ms Tullett
Ms Tullett confronted claimant about her mother's phone call to the dental emergency line; claimant alleges shouting and blocking her exit.
-
Job offer from Thameside
Claimant received a conditional job offer from Thameside and Glossop Integrated Care.
-
Started regular work at Peaks
Claimant began working 17 hours per week at Peaks Dental Practice while still employed by KDPG.
-
Statutory sick pay exhausted
Claimant's statutory sick pay entitlement ended.
-
Resignation
Claimant resigned by letter, citing discrimination and health impacts.
The legal issue
The tribunal had to decide whether the dental nurse was disabled by reason of anxiety before March 2020, and whether KDPG Limited discriminated against her, harassed her, failed to make reasonable adjustments, victimised her, constructively dismissed her, or made unlawful deductions from wages.
The outcome
The tribunal dismissed all claims in their entirety.
- The claimant did not have a disability (anxiety) before March 2020, so the disability discrimination, harassment, and reasonable adjustment claims failed.
- She was not constructively dismissed: she resigned after securing another job and exhausting sick pay, not because of any breach of contract by KDPG Limited.
- The respondent had a contractual right to deduct training costs, so the unlawful deductions claim also failed.
- No compensation was awarded.
Lessons & takeaways
- To bring a disability discrimination claim, you must show that your condition meets the legal definition of disability at the time of the alleged discrimination.
- Constructive dismissal requires a fundamental breach of contract by the employer that causes your resignation — resigning because you have found another job is not enough.
- Keep clear records of any medical evidence and ensure you have a formal diagnosis if you intend to rely on a disability.
- Employers can deduct training costs from wages if there is a clear contractual right to do so.
What this case shows
This case demonstrates the importance of timing and evidence in discrimination and constructive dismissal claims. The dental nurse alleged she was forced to resign due to bullying and discrimination by her employer, KDPG Limited. However, the tribunal found that her resignation was motivated by her having secured a new job and her sick pay running out, rather than any breach of contract by the employer.
What the employer did right
KDPG Limited had clear contractual terms allowing deductions for training costs, and the tribunal accepted that these were lawful. The employer also engaged with the claimant's grievances and offered wellbeing meetings, which helped show they had not fundamentally breached the duty of trust and confidence.
Why the result matters
This case is a reminder that employees who resign while already working elsewhere will struggle to prove constructive dismissal. It also highlights that disability discrimination claims require the employee to establish that they meet the legal definition of disability at the relevant time — a diagnosis alone may not be enough if the condition does not have a substantial and long-term adverse effect on daily activities.
Similar cases
IT manager forced to resign after disability discrimination: constructive dismissal and victimisation claims succeed
An IT manager with complex regional pain syndrome was constructively dismissed after his employer became hostile when he requested reasonable adjustments. The tribunal awarded £30,011.
Shift team leader loses constructive dismissal claim after credibility issues
A shift team leader with 9 years' service resigned after being placed on a performance improvement plan, but the tribunal dismissed all claims, finding no breach of contract and serious credibility problems with his evidence.
Personal banker's constructive dismissal claim fails after three-day stint at new branch
An employment tribunal has dismissed a personal banker's claims of constructive unfair dismissal and disability discrimination against Santander UK Plc, finding that the final straw she relied on was innocuous and that earlier alleged breaches were not linked to her resignation.
Plumber with back injury forced to resign after employer ignored adjustments
A plumber with six years' service was awarded £134,411 after his employer failed to implement occupational health recommendations, cut his sick pay, and ignored his grievance. The tribunal found constructive unfair dismissal and disability discrimination.