English teacher constructively dismissed after race harassment and ignored sick leave
A Black British English teacher was constructively unfairly dismissed after her college sent a harassing email about her 'throwing the E&D Black comment' and failed to contact her during sick leave. The tribunal found harassment and constructive dismissal but dismissed most race discrimination claims.
1 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #constructive-dismissal
- #harassment
- #internal-investigation
- #sick-leave
- #acas-code
Key facts
- The claimant was a Black British English teacher employed by the respondent.
- In May 2017, the respondent failed to internally advertise a permanent English teaching post, and the claimant was not told about it.
- The claimant made a protected act complaint of race discrimination in September 2017.
- On 3 December 2019, the claimant received a negative lesson observation that did not comply with the respondent's own guidelines.
- An email dated 5 December 2019 from Ms Scott to Ms Richardson stated the claimant was 'throwing the E&D Black comment', which was found to be harassment related to race.
- The claimant resigned on 2 February 2021 due to repudiatory breaches including the harassment and lack of contact while on sick leave.
Timeline
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English teacher post advertised externally only
The respondent advertised a permanent English teacher post externally but did not circulate the internal email to staff. The claimant, who was the only teacher likely to apply, was not told about it.
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Claimant makes protected act complaint
The claimant met with Vice Principal Jon Myers and stated she believed she had been discriminated against because of her race.
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Claimant given student complaints
Ms Richardson gave the claimant a piece of paper with student complaints about her A-level teaching. The tribunal found no evidence of fabricated complaints.
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Lesson observation and negative feedback
Ms Richardson and Ms Scott observed the claimant's lesson for 25 minutes (below the 30-minute guideline). The feedback was overwhelmingly negative and the claimant was placed on an Individual Improvement Plan.
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Harassing email sent
Ms Scott emailed Ms Richardson stating the claimant was 'throwing the E&D Black comment at me too'. The tribunal found this was harassment related to race.
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Claimant goes off sick
The claimant was signed off work with stress at work, later diagnosed with mixed anxiety and depressive disorder.
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Claimant raises grievance
The claimant submitted a grievance about the lesson observation and other matters.
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Claimant becomes aware of harassing email
The claimant received the grievance bundle and read the email of 5 December 2019, which she found offensive and upsetting.
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Grievance not upheld
Mr Barlow did not uphold the claimant's grievance, a decision the tribunal found was not discriminatory.
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Claimant resigns
The claimant resigned with 2 months' notice, citing repudiatory breaches including the harassment and lack of contact while on sick leave.
The legal issue
The tribunal had to decide whether the teacher was constructively unfairly dismissed and whether she suffered race discrimination, harassment, and victimisation. It focused on whether the college's actions amounted to a fundamental breach of contract and whether the harassing email was related to race.
The outcome
The tribunal upheld the claim of constructive unfair dismissal, finding that the college's conduct – including a harassing email and lack of contact during sick leave – destroyed the trust and confidence in the employment relationship. However, most race discrimination and victimisation claims were dismissed, either as out of time or not proven. The earlier 2017 discrimination claim was dismissed as it was presented late and not just and equitable to extend time. The tribunal also dismissed claims relating to a lesson observation and grievance outcome, finding no discrimination.
Compensation was not determined at this stage. The tribunal ordered a remedy hearing to decide the award. The basic award was calculated at £3,529.44.
Lessons & takeaways
- Employers must ensure that internal communications about employees do not contain derogatory references to race, as this can constitute harassment and lead to constructive dismissal.
- Maintaining regular contact with employees on long-term sick leave is essential; a lack of contact can be a fundamental breach of contract.
- Employees who believe they have been discriminated against should bring claims within three months of the alleged act, or risk being time-barred even if related events occur later.
- A single act of harassment, if sufficiently serious, can justify resignation and a constructive dismissal claim, even if other discrimination claims fail.
What this case shows in practice
This case highlights how a single offensive comment, combined with a failure to support an employee on sick leave, can unravel the employment relationship. The teacher, a Black British woman, had worked for the college for several years. After she raised a race discrimination complaint in 2017, she felt she was treated less favourably. The tipping point came in December 2019, when a manager sent an email saying she was 'throwing the E&D Black comment' – a remark the tribunal found was harassment related to race. Shortly after, she went off sick with stress and depression. The college then made little effort to contact her for over a year, which the tribunal said was a fundamental breach of the implied duty of trust and confidence.
What the college could have done differently
The college could have avoided the constructive dismissal finding by handling the sick leave properly. Regular welfare calls, a clear plan for return, and a proper investigation into the teacher's grievance would have shown that it valued her as an employee. Instead, the lack of contact left her feeling abandoned. The harassing email should never have been sent, and if it had been addressed promptly with an apology, the relationship might have been salvaged. The college also failed to follow its own lesson observation guidelines, which undermined its credibility.
Why the result matters
For employees, this case shows that constructive dismissal claims can succeed even when other discrimination claims fail. The key is proving that the employer's conduct was so serious that it destroyed trust and confidence. For employers, it is a reminder that insensitive comments about race, even in internal emails, can have serious consequences. The case also underscores the importance of maintaining contact with staff on sick leave – a common failing that tribunals treat harshly. The teacher's basic award of over £3,500 reflects her length of service, but the total compensation will be decided later.
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