Customer sales assistant's constructive dismissal claim fails after CCTV shows he walked out to avoid transfer meeting
A customer sales assistant who resigned claiming bullying and race discrimination lost his constructive dismissal claim after tribunal found CCTV evidence contradicted his account. All claims were dismissed as unfounded and partly out of time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Customer Sales Assistant at a Co-operative petrol station from 23 March 2015.
- The claimant resigned on 24 October 2019 after walking out of work, stating he could no longer tolerate bullying by his manager.
- The tribunal found the claimant's allegations of race discrimination and harassment were not supported by credible evidence.
- CCTV footage showed the claimant left work because he did not want to meet a representative of the company taking over the petrol station.
- The claimant's complaints of unfair dismissal, breach of contract, and unauthorised deductions were also out of time.
Timeline
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Employment start date
The tribunal found the claimant started continuous employment with the respondent on this date.
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Mr Mohottalalage becomes Acting Store Manager
Mr Mohottalalage started at the Leatherhead petrol station as Acting Store Manager.
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Lottery ticket incident
CCTV showed the claimant printed two lottery tickets, paid for one, and left the other unpaid. He was suspended and later given a first written warning.
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Suspension begins
The claimant was suspended on basic pay pending disciplinary investigation.
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Return from suspension
The claimant returned to work after the disciplinary process.
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Claimant walks out
The claimant left work mid-shift after saying he did not want to meet 'Selva', a representative of the incoming company.
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Claimant sends text alleging bullying
The claimant texted Mr Mohottalalage stating he left due to bullying and disrespectful behaviour.
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Claim presented to tribunal
The claimant presented his claim to the Employment Tribunal.
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Full hearing begins
The substantive hearing took place over 8 days.
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Judgment given
The tribunal dismissed all claims, finding them unfounded and partly out of time.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed (forced to resign due to his employer's conduct), subjected to direct race discrimination or harassment, and whether his claims for unpaid wages and holiday pay were within the legal time limits.
The outcome
The tribunal dismissed all claims. The key reasons were:
- The claimant's allegations of race discrimination and harassment were not supported by credible evidence. CCTV footage showed he left work because he did not want to meet a representative of the company taking over the petrol station, not because of bullying.
- The claims for unfair dismissal, breach of contract, and unauthorised deductions were presented outside the relevant time limits, so the tribunal had no jurisdiction to hear them.
- No compensation was awarded as all claims failed.
Lessons & takeaways
- Constructive dismissal claims require evidence that the employer's conduct was so serious it entitled you to resign — CCTV or other objective evidence can undermine subjective claims of bullying.
- Time limits are strict: most employment claims must be presented to the tribunal within three months of the act complained of, or they will be rejected.
- If you resign, make sure your reasons are clear and documented at the time — a text sent days later alleging bullying may not be enough if the contemporaneous evidence shows a different reason.
- Race discrimination claims need specific evidence of less favourable treatment because of race — general allegations of unfairness or bullying are not enough.
What this case shows in practice
This case highlights the importance of objective evidence when alleging constructive dismissal. The claimant, a customer sales assistant with four years' service at a Co-operative petrol station, resigned after walking out mid-shift, claiming he could no longer tolerate bullying by his manager. However, CCTV footage told a different story: it showed the claimant left because he did not want to meet a representative of the company that was taking over the petrol station. The tribunal found his allegations of race discrimination and harassment were not supported by credible evidence, and his complaints of unfair dismissal, breach of contract, and unauthorised deductions were also out of time.
What the losing side could have done differently
The claimant's case suffered from a lack of contemporaneous evidence. He sent a text alleging bullying five days after resigning, but the tribunal preferred the CCTV footage and witness evidence from the respondent. If the claimant had raised grievances at the time or documented specific incidents, his case might have been stronger. Additionally, he presented his claim to the tribunal in January 2020, but his employment ended in October 2019 — beyond the three-month time limit for unfair dismissal and breach of contract claims. Acting sooner could have preserved his right to bring those claims.
Why this result matters for similar claims
This case is a reminder that tribunals will scrutinise the evidence carefully, especially when there is a dispute about what happened. Employees considering resigning and claiming constructive dismissal should gather evidence of the alleged conduct, raise grievances promptly, and seek legal advice early. Employers can take comfort that where there is objective evidence — such as CCTV — that contradicts an employee's account, the tribunal is likely to prefer it. The case also underscores the strict time limits for bringing employment claims: missing the deadline can be fatal, even if the claim has merit.
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