Residential support worker loses constructive dismissal claim over Alzheimer's comment
A residential support worker who resigned after a co-worker's Alzheimer's joke was not constructively dismissed, the tribunal has ruled. The claim for harassment related to age also failed.
2 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #age-discrimination
- #harassment
- #alzheimers-comment
- #shift-handover
- #mediation-failure
Key facts
- The claimant was employed as a residential support worker from 3 June 2017 to 29 April 2022.
- On 29 March 2022, during a shift handover, a co-worker (Sarah Schock) made a joke about Alzheimer's disease, which the claimant mistakenly attributed to another co-worker, Amy Morton.
- The claimant reported the incident to her line manager, Dan Walker, on 4 April 2022 and asked not to work with Amy Morton.
- Dan Walker investigated by speaking to witnesses but did not agree to keep the claimant and Amy Morton apart on the rota.
- The claimant resigned on 29 April 2022, citing the lack of a mediation meeting and feeling unsupported.
- The tribunal found that the only Alzheimer's comment was made by Sarah Schock, not Amy Morton, and that the respondent did not commit a fundamental breach of contract.
Timeline
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Employment started
The claimant began working for Evolve Child Care Ltd as a residential support worker.
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Text incident
The claimant asked Amy Morton to send a text to a parent; Morton denied the conversation, causing friction.
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Shift handover incident
During handover, a dispute arose about £50 in the cash tin. Sarah Schock made a joke about Alzheimer's; the claimant believed Amy Morton said it.
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Claimant reports incident to manager
The claimant spoke to Dan Walker about the handover incident and asked not to work with Amy Morton. Walker began an investigation.
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Meeting with Walker and further incident
The claimant met Walker after a school run; later, Amy Morton made a light-hearted comment about coats. Walker spoke to witnesses.
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Meeting with Walker
Walker informed the claimant that Sarah Schock had made the Alzheimer's comment. The claimant said she wanted to continue working but wanted a mediation meeting.
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Resignation
The claimant resigned by email, citing the lack of a mediation meeting and feeling unsupported.
The legal issue
The tribunal had to decide whether the employer's actions—refusing to keep the claimant and a co-worker apart on the rota, failing to hold a mediation meeting, and investigating without informing the claimant—amounted to a fundamental breach of the implied term of trust and confidence, and whether a co-worker's Alzheimer's comment amounted to age-related harassment.
The outcome
The tribunal dismissed both claims.
- Constructive dismissal: The tribunal found that the only Alzheimer's comment was made by Sarah Schock, not Amy Morton, and that the manager's investigation was reasonable. The refusal to separate the two on the rota was not a breach of contract, and the failure to hold a mediation meeting did not destroy trust and confidence. The claimant resigned too quickly without giving the employer a chance to resolve the issue.
- Harassment related to age: The comment was not made by Amy Morton, and even if it had been, the tribunal found it was a one-off remark that did not have the purpose or effect of violating dignity or creating an intimidating environment.
Lessons & takeaways
- If you believe a co-worker has made a discriminatory comment, make sure you have the facts right before resigning—misidentifying the person can weaken your case.
- Constructive dismissal requires a fundamental breach of contract; a single insensitive comment by a colleague is unlikely to meet that threshold if the employer responds reasonably.
- Resigning too quickly, without giving the employer a chance to address your concerns, can be seen as affirming the contract and waiving any breach.
- Employers should investigate complaints promptly and keep the employee informed, but a failure to hold a mediation meeting is not necessarily a breach of trust and confidence.
A misunderstanding over a cash tin led to a resignation
The claimant, a residential support worker with nearly five years' service, resigned after a dispute with a co-worker during a shift handover. The disagreement centred on whether there was an extra £50 in the cash tin. During the handover, another co-worker, Sarah Schock, made a joke about Alzheimer's disease. The claimant mistakenly believed the comment came from Amy Morton, the colleague she was in dispute with.
The employer's response was deemed reasonable
The claimant reported the incident to her line manager, Dan Walker, and asked not to be rostered with Amy Morton. Walker investigated by speaking to witnesses but did not agree to keep them apart. He later told the claimant that Sarah Schock had made the comment. The claimant resigned shortly after, citing the lack of a mediation meeting and feeling unsupported.
The tribunal found that Walker's actions were reasonable. He had investigated promptly, and the refusal to separate the two was not a breach of contract. The failure to hold a mediation meeting was not a fundamental breach, especially as the claimant resigned before it could be arranged.
Why the age harassment claim failed
The harassment claim relied on the Alzheimer's comment being made by Amy Morton. The tribunal accepted evidence that Sarah Schock made the comment, not Amy Morton. Even if it had been Amy Morton, the tribunal noted that a single remark about Alzheimer's, while insensitive, did not amount to harassment related to age. It was a one-off comment during a heated exchange, and there was no evidence of a pattern of age-related behaviour.
What this means for similar claims
This case highlights the importance of getting the facts right before resigning. Constructive dismissal claims require a serious breach of contract by the employer, not just a disagreement with a colleague. Employees who resign without giving the employer a chance to resolve the issue risk losing their claim. For employers, the case shows that a reasonable investigation and communication can defend against claims of breach of trust and confidence.
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