Part 1 Architectural Assistant's constructive dismissal and race discrimination claims rejected
A Part 1 Architectural Assistant who resigned after securing a promotion and a new job failed to prove constructive unfair dismissal or race discrimination. The tribunal found no breach of trust and confidence or less favourable treatment.
2 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #constructive-dismissal
- #skills-test
- #salary-differential
- #social-media-tokenism
- #computer-allocation
Key facts
- The claimant was employed as a Part 1 Architectural Assistant from 29 August 2017 until she resigned on 19 July 2021.
- The claimant was paid £19,000 per annum, the same as other Part 1 Architectural Assistants hired around the same time.
- The claimant was required to complete a skills test at her second interview, as were all candidates interviewed between June and September 2017.
- The claimant's computer was older than some colleagues' because it was legacy hardware from a previous firm.
- The claimant resigned after being told she would be promoted to Part 2 upon providing her Masters certificate, which she did.
- The claimant did not raise any grievances about discrimination or harassment during her employment.
Timeline
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First interview
Claimant attended first interview with Mr Senior and was told starting salary for Part 1 AA was around £19,000.
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Second interview invitation
Claimant invited to second interview with a hypothetical task.
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Second interview
Claimant attended second interview and completed a skills test using Sketchup software.
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Employment started
Claimant started employment as Part 1 Architectural Assistant on salary £19,000.
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Study leave began
Claimant started study leave for Masters, working 3 days a week on pro-rated salary.
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20% pay cut due to Covid
All staff accepted 20% pay cut; claimant's salary fell below minimum wage, later rectified.
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Career break started
Claimant started a career break; her computer was recycled.
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Return to work meeting
Claimant met with Mr Senior and Ms Middleton to discuss return; no skills test mentioned.
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Promotion offer letter
Mr Senior wrote to claimant confirming promotion to Part 2 upon production of Masters certificate, salary £25,000.
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Masters certificate provided
Claimant provided Masters certificate; salary increased to £25,000 and role confirmed as Part 2.
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Resignation
Claimant resigned after meeting, citing new job; worked 4 weeks' notice.
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Employment ended
Claimant's employment ended; she started new job on 16 August 2021.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed because the employer breached the implied term of trust and confidence, and whether she suffered direct race discrimination or race harassment in relation to pay, workload, computer allocation, skills tests, and social media posts.
The outcome
The tribunal dismissed all claims. It found that the claimant resigned after obtaining a new job, and that the employer had not breached the implied term of trust and confidence. The tribunal also found no evidence of race discrimination or harassment: the claimant's pay was the same as comparators, the skills test was applied to all candidates, the computer allocation was based on legacy hardware, and the social media posts were not related to race. No compensation was awarded.
Lessons & takeaways
- Resigning after securing a new job, without first raising a grievance about alleged discrimination, makes it very difficult to prove constructive dismissal.
- To succeed in a direct discrimination claim, you must show that you were treated less favourably than a comparator in materially similar circumstances.
- Employers can defend skills tests and computer allocation decisions if they can show they were applied consistently and based on objective criteria.
- Allegations of harassment based on social media posts require evidence that the posts were related to a protected characteristic, not just that they were offensive.
When a resignation is just that
This case shows how difficult it can be to prove constructive dismissal when an employee resigns after securing a new job. The claimant, a Part 1 Architectural Assistant with four years' service, resigned in July 2021 after being promoted to Part 2 and receiving a salary increase to £25,000. She had already accepted a new role elsewhere. The tribunal found that the employer had not breached the implied term of trust and confidence – the claimant's resignation was a free choice, not a response to any fundamental breach by the employer.
The discrimination claims: no evidence of less favourable treatment
The claimant alleged that she was paid less than white colleagues, required to do a skills test at interview, given an older computer, and subjected to tokenistic social media posts about race. However, the tribunal found that her pay was the same as other Part 1 Architectural Assistants hired around the same time. The skills test was required of all candidates interviewed in the relevant period. The older computer was legacy hardware from a previous firm, not a reflection of her race. And the social media posts – while perhaps misguided – were not shown to be related to her race.
What the employer did right
Perpetua in Perpetuum Ltd was able to point to consistent treatment of employees. The claimant never raised a grievance about discrimination or harassment during her employment. The tribunal noted that the claimant's comparators were not in materially different circumstances, and that the employer's explanations for the alleged differences were credible and non-discriminatory.
Key takeaway for employees
If you believe you are being discriminated against, it is essential to raise a grievance internally before resigning. Without that, a tribunal is likely to see your resignation as voluntary rather than a response to a fundamental breach. And for discrimination claims, you need evidence of less favourable treatment compared to a real comparator in similar circumstances – not just a feeling that you were treated unfairly.
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