Removed from Facebook page: the final straw in a constructive dismissal claim
A venue manager with 8 years' service was constructively unfairly dismissed after her employer shouted at her, refused sick pay, and removed her from the bar's Facebook page. The tribunal awarded £8,137.55.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #shouting-at-employee
- #refusal-to-pay-ssp
- #removed-from-facebook
- #overdose
- #long-term-sickness
Key facts
- The claimant was employed as venue manager from June 2010 until 28 November 2018.
- The respondent's director, Shabbir Khan, shouted at the claimant in front of staff and customers on multiple occasions.
- The respondent refused to pay statutory sick pay when the claimant was off sick in November 2018.
- The respondent removed the claimant as administrator of the bar's Facebook page on 27 November 2018.
- The claimant resigned by email on 28 November 2018, citing the removal from Facebook as the final straw.
- The tribunal found the claimant was constructively unfairly dismissed and awarded £8,137.55 in total compensation.
Timeline
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Employment commenced
Claimant started work as door staff, later became venue manager.
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Business ownership transferred
Sin Bar Ltd, run by Shabbir Khan, took over the business; claimant's employment continued.
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Stressful evening at work
A major fight occurred at the bar; claimant dealt with emergency services while being repeatedly called by Mr Khan.
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Claimant took overdose
Claimant took an overdose due to stress; she sent a text message to a former employer saying she would not return.
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Meeting to resolve issues
Claimant, Mr Khan, and Richard Halls met; claimant believed everything was resolved and she remained employed.
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Claimant sent sick note
Claimant sent a sick note for back pain; she asked about sick pay and was refused SSP by Mr Khan.
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Claimant resigned as DPS
Claimant emailed resignation as Designated Premises Supervisor due to health, but stated she remained as manager.
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Removed from Facebook page
Claimant was removed as administrator of Sin Bar's Facebook page.
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Claimant resigned
Claimant emailed Mr Khan stating she felt pushed out and would collect her belongings; effective date of termination.
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Claim presented to tribunal
Claimant lodged ET1 claim for unfair dismissal and holiday pay.
The legal issue
The tribunal had to decide whether the employer's conduct—shouting at the employee, refusing statutory sick pay, and removing her from the Facebook page—was so serious that it destroyed the trust and confidence needed for the employment relationship, and whether the employee resigned in response to that conduct.
The outcome
The tribunal found that the claimant was constructively unfairly dismissed. The key reasons were:
- The director's repeated shouting at the claimant in front of staff and customers undermined trust and confidence.
- The refusal to pay statutory sick pay when the claimant was off sick was a breach of contract.
- The removal of the claimant as administrator of the bar's Facebook page on 27 November 2018 was the final straw that led to her resignation the next day.
Compensation:
- Basic award: £1,000.00
- Compensatory award: £6,500.00
- Total: £8,137.55
Lessons & takeaways
- If you are being treated poorly at work, keep a record of specific incidents—dates, what was said, and who was present—as evidence of a pattern of behaviour.
- A single act can be the 'final straw' in a constructive dismissal claim, but it must be part of a series of earlier breaches that together destroy trust and confidence.
- Employers should not remove an employee's access to work-related social media without a clear policy or discussion, as it can be seen as undermining their role.
- Refusing to pay statutory sick pay without good reason is a breach of contract and can contribute to a finding of constructive dismissal.
When the final straw is a Facebook page
This case shows how a seemingly minor act—removing an employee from a Facebook page—can be the last in a series of events that make working life unbearable. The venue manager had served for eight years, but after a change of ownership, the relationship with the new director quickly soured. He shouted at her in front of staff and customers, refused to pay her sick pay when she was off with back pain, and kept calling her out of hours. Under mounting stress, the claimant took an overdose and was signed off sick.
What the employer could have done differently
Sin Bar Ltd could have avoided this claim by treating the claimant with respect. The director should have addressed any performance concerns through proper channels, not by shouting. When the claimant sent in a sick note, the employer should have paid statutory sick pay without question. And removing her from the bar's Facebook page—without warning or discussion—was a clear signal that she was no longer trusted. A simple conversation about her role and responsibilities might have resolved the situation.
Why this result matters
This case is a reminder that constructive dismissal claims can succeed when an employer's behaviour, taken as a whole, makes continued employment impossible. The tribunal focused on the cumulative effect of the director's conduct, not just the final act. For employees in similar situations, it shows the importance of documenting every incident and resigning promptly after the final straw. For employers, it highlights that even small actions can have big consequences when trust has already been eroded.
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