Call handler's constructive dismissal and race discrimination claim fails
A call handler who resigned after being asked to leave the office during a heated argument lost her claims of constructive dismissal and race discrimination. The tribunal found no dismissal or discrimination.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a call handler from 17 October 2018 to 24 December 2019.
- On 24 December 2019, the claimant asked for a copy of her employment contract during a heated discussion with her line manager.
- The line manager told the claimant to leave the office to calm down after the claimant became agitated and banged the table.
- The claimant resigned by email on 26 December 2019, citing the incident and previous complaints.
- The tribunal found that being told to leave the office did not amount to a dismissal, actual or constructive.
- The tribunal found no evidence that the claimant's race was a factor in the treatment she received.
Timeline
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Employment started
Claimant began employment as a call handler and signed a contract but was not given a copy.
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Secret Santa incident
Claimant did not receive a gift from colleague CG in a Secret Santa exchange.
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Car park incident
Claimant blocked colleagues' cars in the car park over the Secret Santa issue; resolved with petty cash payment.
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Moved to red team
Claimant started working under line manager AZ in the Wolverhampton team.
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Change of duties
Claimant received a letter about changes to her duties but no change in job title or pay.
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Grievance raised
Claimant raised a grievance about colleague CG not being available on call; no formal outcome received.
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Meeting about colleague complaint
Meeting held after colleague MB reported feeling intimidated by claimant; no formal action taken.
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Shift change request
AZ asked claimant to work Christmas Day or Boxing Day; claimant refused due to prior arrangements.
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Incident and request for contract
During a discussion about shifts, claimant asked for her contract; AZ told her to leave the office after claimant became agitated.
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Resignation
Claimant resigned by email, citing the incident and previous treatment.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed when she resigned after a heated exchange, and whether that dismissal was automatically unfair for asserting a statutory right or an act of direct race discrimination.
The outcome
The tribunal dismissed all claims. It found that the employer's instruction to leave the office was a reasonable response to the claimant's agitation, not a fundamental breach of contract that would justify resignation. The claimant's request for a copy of her contract was not the reason for the instruction; it was her behaviour. There was no evidence that the claimant's race played any part in how she was treated. The tribunal also noted that the claimant had not been given a copy of her contract at the start of employment, but this did not affect the outcome as she was not dismissed for asserting that right.
Lessons & takeaways
- Resigning in the heat of the moment rarely leads to a successful constructive dismissal claim; you need a fundamental breach of contract by the employer.
- Being asked to leave the office to calm down is unlikely to be a breach of contract if it is a proportionate response to your behaviour.
- To succeed in a race discrimination claim, you need evidence that race was a factor; a feeling or suspicion is not enough.
- Employers should ensure employees receive a copy of their contract at the start of employment to avoid disputes.
A resignation that didn't amount to dismissal
This case shows the difficulty of proving constructive dismissal when the employee resigns after a single heated argument. The call handler had been employed for just over a year when she asked for a copy of her contract during a discussion about shift changes. Her line manager told her to leave the office after she banged the table and became agitated. She resigned two days later, claiming she had been constructively dismissed.
The tribunal found that the manager's instruction was a reasonable response to the claimant's behaviour, not a fundamental breach of contract. To succeed in a constructive dismissal claim, the employer's conduct must be so serious that it goes to the root of the contract. A short-term instruction to leave the office to calm down did not meet that threshold.
What the employer could have done differently
While the employer won, the case highlights the importance of clear communication. The claimant had not been given a copy of her contract when she started, which led to the argument. Providing contracts promptly can avoid such disputes. Additionally, the employer's handling of previous grievances and the Secret Santa incident could have been more transparent, though these did not affect the legal outcome.
Why this matters for similar claims
This case is a reminder that constructive dismissal claims require a pattern of serious misconduct by the employer, not just a single incident. Employees who resign in anger often struggle to prove that the employer's actions justified their departure. For race discrimination claims, the tribunal will look for direct evidence of racial motivation, which was absent here. The claimant's perception of unfair treatment was not enough to establish discrimination.
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