Relief pharmacist awarded £45,000 after racial harassment and flawed grievance
A relief pharmacist with 11 years' service was subjected to racial harassment by colleagues and then constructively dismissed after his employer mishandled his grievance. The tribunal awarded £45,263.11.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant, a black pharmacist of Nigerian origin, was subjected to a series of harassing acts by two white female colleagues on 18 July 2020.
- The colleagues refused to assist with filing, refused to call another store for a customer, and later ordered the claimant to leave the store.
- The store manager, without hearing the claimant's side, called him an 'utter disgrace' and told him to leave.
- The claimant's grievance was delayed and inadequately investigated, with the investigator failing to properly consider race as a factor.
- The claimant resigned in response to the flawed grievance process and lack of a genuine apology.
- The tribunal upheld six claims of harassment against the second respondent and seven against the first, plus constructive dismissal.
Timeline
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Employment started
Claimant began working as a relief pharmacist for Boots Management Services Ltd.
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Incident at Wickford store
Claimant was subjected to harassment by Mrs Walker and Ms Daley, including refusal to assist, insubordination, insults, and threat to call police. Store manager Ms Munson ordered him to leave without hearing his side.
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Grievance raised
Claimant raised a grievance regarding the incident. Investigator Ms Faux contacted him.
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First ET1 presented
Claimant presented his first employment tribunal claim against both respondents.
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Grievance outcome
Mr Barton dismissed all complaints except delay, failing to properly investigate race discrimination allegations.
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Appeal outcome
Mr Barnes upheld the grievance outcome with minor concessions, but failed to address fundamental flaws.
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Resignation
Claimant resigned on notice, citing prolonged investigation and lack of apology.
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Employment terminated
Claimant's employment ended.
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Second ET1 presented
Claimant presented second claim for constructive dismissal and race discrimination.
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Liability judgment
Tribunal upheld harassment and constructive dismissal claims; remedy hearing listed.
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Remedy judgment
Tribunal awarded £45,263.11 including injury to feelings, aggravated damages, ACAS uplift, and costs.
The legal issue
The tribunal had to decide whether the claimant was subjected to harassment related to race by colleagues and the store manager, and whether the employer's handling of his grievance amounted to a repudiatory breach of contract entitling him to resign and claim constructive unfair dismissal.
The outcome
The tribunal upheld six claims of harassment against a colleague and seven against the employer, plus a claim of constructive unfair dismissal.
The key reasons were that the colleagues' refusal to assist, insults, and ordering the claimant to leave were acts of harassment related to race. The store manager's failure to hear the claimant's side before calling him an 'utter disgrace' and telling him to leave also amounted to harassment. The employer's grievance investigation was inadequate, failing to properly consider race, and the lack of a genuine apology led to a fundamental breach of contract.
Compensation:
- Basic award: £2,485.20
- Injury to feelings: £15,000
- Aggravated damages: £3,000
- ACAS uplift: 25%
- Costs: £20,000
- Total: £45,263.11
Lessons & takeaways
- Employers must ensure that grievance investigations are thorough and consider all relevant factors, including potential discrimination, to avoid findings of constructive dismissal.
- A failure to provide a genuine apology after a serious incident can contribute to a finding of repudiatory breach of contract.
- Tribunals can award aggravated damages and ACAS uplifts where an employer's conduct is unreasonable or fails to comply with statutory procedures.
- Employees who experience harassment should raise grievances promptly, but if the process is flawed, they may be entitled to resign and claim constructive dismissal.
This case highlights how a workplace incident can spiral into a successful constructive dismissal claim when an employer fails to handle a grievance properly. The claimant, a black pharmacist of Nigerian origin with 11 years' service, was working at a Boots store when two white female colleagues refused to assist him with filing, insulted him, and threatened to call the police. The store manager, without hearing his side, called him an 'utter disgrace' and told him to leave. The tribunal found these acts were harassment related to race.
What went wrong
The employer's grievance process was deeply flawed. The investigator failed to properly consider whether race played a part in the incident, and the outcome dismissed all complaints except delay. The appeal also failed to address fundamental issues. The tribunal noted that the lack of a genuine apology was a key factor in the claimant's resignation. A timely, sincere apology might have repaired the relationship.
Why this matters
This case shows that constructive dismissal claims can succeed when an employer's response to a grievance is so inadequate that it amounts to a repudiatory breach of contract. The award of £45,263.11 included injury to feelings, aggravated damages, and a 25% ACAS uplift for failing to follow the ACAS code. It serves as a reminder that employers must take grievances seriously, investigate them thoroughly, and consider all aspects, including potential discrimination.
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