Saying 'I'm done' with a stoma bag leak: when a resignation isn't a resignation
A factory supervisor with a colostomy who said 'I'm done' and handed in her keys during an anxiety attack was unfairly dismissed when her employer treated it as a resignation without checking. Tribunal awards £7,449.
1 min read · Last updated 18 May 2026
Case details
- #colostomy
- #anxiety
- #stoma-bag-leak
- #heat-of-the-moment
- #failure-to-clarify
- #acas-code
Key facts
- The claimant had a colostomy and suffered from anxiety and panic attacks.
- On 9 September 2021, the claimant, visibly upset and anxious, said 'I'm done' and handed in her keys.
- The claimant did not use the word 'resign' and had previously handed in keys when going on holiday.
- The respondent accepted the claimant's resignation without checking with her.
- The claimant submitted a sick note the next day, inconsistent with resignation.
- The respondent dismissed the claimant on 24 September 2021, treating her as having resigned.
Timeline
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Employment started
Claimant began working as a factory/supervisor cutter.
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Colostomy surgery
Claimant underwent emergency colostomy surgery, leading to physical and mental health issues.
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Bullying allegation
Claimant informed she had been accused of bullying by colleague Sam.
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Meeting with Parkers
Claimant threatened to resign if issues not resolved; did not actually resign.
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Incident at work
Claimant, anxious and with a stoma bag leak, said 'I'm done' and handed in keys. Hugged colleague and left.
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Text to Mrs Parker
Claimant texted Mrs Parker explaining she couldn't stay due to anxiety.
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Sick note submitted
Claimant informed respondent she would submit a sick note for stress and anxiety.
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Meeting to return
Claimant met Parkers, apologised, and requested to return to work. Mr Parker said it would cause problems.
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Final meeting
Respondent confirmed claimant had resigned and would not be allowed to return.
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Dismissal effective
Respondent sent letter confirming employment ended.
The legal issue
The tribunal had to decide whether the claimant resigned or was dismissed, and if dismissed, whether the dismissal was unfair and whether she was disabled under the Equality Act 2010.
The outcome
The tribunal held that the claimant was dismissed, not that she resigned. The employer accepted her words 'I'm done' and her handing in keys as a resignation without any attempt to clarify her intentions, despite knowing she had a colostomy, anxiety, and panic attacks.
The dismissal was unfair because the employer did not follow a fair procedure – they should have investigated and given her an opportunity to explain. The claimant was also found to be disabled at the relevant time, but her claim for discrimination arising from disability was dismissed.
Compensation:
- Basic award: £2,880
- Loss of statutory rights: £500
- Notice pay: £1,920
- Loss of earnings: £2,148.96
- Total: £7,448.96
Lessons & takeaways
- If an employee uses ambiguous language or acts out of character, especially when unwell, employers should pause and clarify before accepting a resignation.
- Documenting a clear resignation procedure – including a requirement for written notice or a cooling-off period – can help avoid misunderstandings.
- Employees with known health conditions may be protected as disabled; employers must consider reasonable adjustments even in resignation situations.
- Handing in keys or saying 'I'm done' is not necessarily a resignation – context matters, and a quick acceptance can lead to an unfair dismissal claim.
A moment of distress turned into a dismissal
On 9 September 2021, a factory supervisor with a colostomy and anxiety was having a difficult day. A stoma bag leak added to her distress, and after a conversation with management, she said 'I'm done', handed in her keys, hugged a colleague, and left. The employer took this as a resignation and did not contact her to check. The next day, she submitted a sick note – a clear sign she did not intend to resign. Despite this, the employer confirmed her dismissal two weeks later.
What the employer could have done differently
The tribunal noted that the claimant had previously handed in keys when going on holiday, and that her words were ambiguous. A simple phone call or meeting to ask 'do you really want to resign?' would have clarified the situation. Given her known health issues, the employer should have been particularly careful. Instead, they treated a moment of acute anxiety as a final decision.
Why this case matters
This case highlights the importance of not jumping to conclusions when an employee is visibly upset or unwell. The tribunal found that the employer's failure to investigate made the dismissal unfair. For employees, it shows that even if you say something in the heat of the moment, you may still be able to argue you were dismissed if the employer does not check your intentions. The award of £7,449 reflects the short period of lost earnings and notice pay, but the real lesson is about process: a fair employer gives an employee the chance to explain.
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