Pharmacy assistant's constructive dismissal claim fails over annual leave refusals
A tribunal rejected claims of constructive unfair dismissal and race discrimination brought by a pharmacy assistant after her annual leave requests were refused and her grievance was not upheld.
1 min read · Last updated 18 May 2026
Key facts
- The claimant worked as a Pharmacy Assistant from 1 February 2011 until her resignation on 29 November 2021.
- The respondent refused or failed to process several annual leave requests in June and July 2021.
- The claimant's annual leave requests were refused due to lack of cover and the need to maintain minimum staffing levels.
- The claimant resigned after her grievance about the leave refusals was not upheld.
- The tribunal found the respondent had reasonable and proper cause for its actions and no discrimination occurred.
Timeline
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Annual leave request refused
Claimant requested annual leave for 2 September 2020; refused due to another team member already booked and insufficient notice.
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Workplace dispute
Claimant involved in a dispute with colleagues; alleged they suggested she avoided serving customers.
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Further workplace dispute
Another dispute occurred; Mrs Passaway investigated but did not speak to the claimant.
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First annual leave request (12-21 August)
Claimant requested leave; Mr Dick checked cover but went on sick leave; request never processed.
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Second annual leave request (15-16 July)
Claimant requested leave; not processed due to Mr Dick's absence.
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First grievance lodged
Claimant lodged informal grievance about management of workplace disputes and bullying.
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Third annual leave request (4-18 August)
Claimant requested leave via HR system; refused by Mr Al Hassan due to lack of cover.
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Fourth annual leave request (3 days in August)
Claimant asked for 3 days; Mr Al Hassan checked cover; refused as no cover available.
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Fifth annual leave request granted
Claimant's request for leave 18-24 September was granted.
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Resignation
Claimant resigned with immediate effect, citing unfair treatment regarding holiday allocation and grievance handling.
The legal issue
The tribunal had to decide whether the employer's refusal of annual leave requests and handling of grievances amounted to a fundamental breach of contract entitling the employee to resign and claim constructive dismissal, and whether the treatment was racially discriminatory.
The outcome
The tribunal dismissed all claims, finding that the employer acted reasonably.
- The employer had a legitimate need to maintain minimum staffing levels, and the leave refusals were based on lack of cover.
- The grievance process was not flawed; the employer investigated and gave reasons for its decisions.
- There was no evidence of race discrimination; the claimant's allegations were not supported by the facts.
No compensation was awarded as the claims failed.
Lessons & takeaways
- Employers can refuse annual leave if there is a genuine business need, such as staffing shortages, provided they act consistently and reasonably.
- A grievance process that investigates complaints and provides reasoned responses is likely to be considered reasonable by a tribunal.
- To succeed in a constructive dismissal claim, an employee must show a fundamental breach of contract that caused their resignation, not just dissatisfaction with management decisions.
- Race discrimination claims require evidence of less favourable treatment because of race; mere allegations without supporting facts will not succeed.
When annual leave refusals don't amount to constructive dismissal
This case shows that not every refusal of annual leave will justify a resignation and a claim for constructive dismissal. The tribunal accepted that the pharmacy chain had a legitimate operational need to maintain minimum staffing levels, and that the refusals were based on a genuine lack of cover, not an intention to undermine the employee.
The claimant, a pharmacy assistant with 12 years' service, had her leave requests turned down in June and July 2021. Her line manager was on sick leave, and the area manager who dealt with the requests checked cover before refusing. One request was later granted. The tribunal found that the employer had reasonable and proper cause for its actions, and that there was no breach of the implied term of trust and confidence.
What the employer did right
The employer had a clear annual leave policy, which required requests to be submitted four weeks in advance and stated that leave would not be approved if it created staff shortages. The area manager checked cover before refusing requests. The employer also investigated the claimant's grievance, even though she was unhappy with the outcome. The tribunal noted that the grievance process was not flawed, and the employer gave reasons for its decisions.
Why the result matters
This case reinforces that employers can refuse annual leave for genuine business reasons, as long as they act consistently and follow their own policies. It also highlights the difficulty of proving constructive dismissal: the employee must show a fundamental breach of contract, not just that they felt unfairly treated. For employees considering a similar claim, it is important to gather evidence of a clear breach, such as a refusal to allow any leave at all or a pattern of unreasonable behaviour.
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