Analyst with 10 years' service loses constructive dismissal claim over pay and promotion disputes
A level 7 analyst who resigned claiming constructive unfair dismissal and discrimination lost her case after the tribunal found no evidence of less favourable treatment or breach of trust.
1 min read · Last updated 18 May 2026
Case details
- #direct-race-discrimination
- #direct-sex-discrimination
- #constructive-dismissal
- #pay-rise-request
- #annual-leave-dispute
- #career-development
- #grievance-process
Key facts
- The claimant was employed by the respondent from 2011 to January 2022, most recently as a level 7 analyst in the Direct Managed Capital programme.
- The claimant alleged direct race and sex discrimination by her line manager Mr Brittain regarding work allocation, pay, leave, training, and promotion.
- The claimant resigned on 30 December 2021, claiming constructive unfair dismissal due to a breach of mutual trust and confidence.
- The tribunal preferred the evidence of the respondent's witnesses, finding the claimant's evidence evasive and inconsistent.
- The tribunal found no evidence of less favourable treatment because of race or sex, and no fundamental breach of contract.
Timeline
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Employment started
The claimant began working for Thames Water Utilities Ltd.
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Joined DMC team
The claimant started in the Direct Managed Capital programme as a level 7 analyst.
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First pay-rise request
The claimant verbally requested a pay rise from Mr Hussain.
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Business justification submitted
Mr Hussain emailed Mr Brittain supporting the claimant's pay-rise request.
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Pay-rise rejected
Mr Brittain rejected the pay-rise request, stating the claimant's work was not above her grade.
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Interview for level 6 role
The claimant was interviewed by Mr Brittain for a level 6 position but was unsuccessful; Miss Puri was appointed.
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Miss Puri became line manager
Miss Puri was appointed as the claimant's line manager.
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Grievance submitted
The claimant submitted a grievance alleging bullying and discrimination by Mr Brittain and Miss Puri.
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Grievance outcome
Mr Padley did not uphold the claimant's grievance.
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Appeal outcome
Mr Horton dismissed the claimant's appeal.
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Resignation
The claimant resigned by email, giving no reasons.
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Last day of employment
The claimant's employment ended.
The legal issue
The tribunal had to decide whether the claimant was subjected to direct race and/or sex discrimination by her manager regarding work allocation, pay, leave, training, and promotion, and whether she was constructively unfairly dismissed due to a breach of mutual trust and confidence.
The outcome
The tribunal dismissed all claims of direct race discrimination, direct sex discrimination, and constructive unfair dismissal.
The key reasons were:
- The tribunal preferred the evidence of Thames Water's witnesses, finding the claimant's evidence evasive and inconsistent.
- No evidence was found of less favourable treatment because of race or sex.
- No fundamental breach of contract was established to support constructive dismissal.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Keep a clear record of all interactions with your manager, especially regarding pay, leave, and promotion requests.
- If you believe you are being discriminated against, identify a comparator in similar circumstances to strengthen your case.
- Resigning without first raising a formal grievance can weaken a constructive dismissal claim.
- Tribunals place significant weight on witness credibility; inconsistent or evasive evidence can undermine your case.
A case of unmet expectations
This case shows how difficult it can be to prove discrimination or constructive dismissal when the evidence is contested. The claimant, a level 7 analyst with 10 years' service at Thames Water, felt she was being held back by her manager. She alleged unfair treatment over pay, leave, training, and promotion, and eventually resigned, claiming the situation had become intolerable.
However, the tribunal found that her version of events did not match the documentary evidence or the accounts of other witnesses. Her claims of less favourable treatment because of her race or sex were not supported by any comparator evidence, and the tribunal concluded that her manager's decisions were based on legitimate business reasons.
What Thames Water did right
Thames Water was able to show that its decisions were consistent and non-discriminatory. The manager who rejected the pay rise and promotion gave clear, work-related reasons. The company also had a grievance process, which the claimant used, but the outcome did not support her allegations. The tribunal noted that the claimant's evidence was 'evasive and inconsistent,' which significantly weakened her case.
What this means for similar claims
This case is a reminder that tribunals will scrutinise the evidence closely. Claimants need to provide clear, consistent accounts and, where possible, identify comparators who were treated more favourably. Simply feeling unhappy or overlooked is not enough to win a discrimination or constructive dismissal claim. Employers who can show fair processes and legitimate reasons for their actions are likely to succeed in defending such claims.
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