Cleaner who resigned over bullying loses constructive dismissal claim

This case shows the difficulty of proving that workplace conflicts are driven by discrimination rather than ordinary tensions. The claimant, a cleaner of Romanian nationality with two years' service, alleged that her supervisor bullied her by giving her the heaviest jobs and shouting at her. She resigned after a grievance meeting was cancelled, claiming constructive dismissal.

What the tribunal found

The tribunal accepted that there were disputes between the claimant and her supervisor, but concluded these were routine disagreements about work allocation and conduct, not acts of race discrimination or harassment. The claimant had not provided evidence that her Romanian nationality was a factor in how she was treated. The grievance process was still active when she resigned, and the employer had not committed a fundamental breach of contract that would justify resignation.

What could have been done differently

The employer could have proceeded with the grievance meeting sooner, but the short delay (a few days) was not unreasonable. For the claimant, waiting for the grievance outcome or raising concerns more formally might have provided a clearer basis for a claim if the employer had failed to act. The tribunal noted that the claimant's own conduct, such as taking unauthorised breaks, contributed to the tensions.

Why this matters

This case is a reminder that not all workplace friction amounts to discrimination or constructive dismissal. Employees considering resignation should first exhaust internal procedures, and ensure they can point to a clear breach of contract or discriminatory motive. Employers should handle grievances promptly but will not necessarily be penalised for minor delays if the overall process is reasonable.