Driver who resigned after homophobic harassment wins constructive dismissal claim
A former driver for 247 West London Ltd who endured homophobic harassment and an overdose was constructively dismissed. The tribunal awarded £31,517, including £12,000 for injury to feelings.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 19 May 2020, which was found to be a constructive unfair dismissal.
- The claimant had been contracted to work 42 hours per week at £15 per hour.
- The claimant suffered harassment, including homophobic comments, and required medical treatment after an overdose.
- The claimant started self-employed driving work and also worked for Amazon/PMP and Morrisons.
- The tribunal found the claimant failed to mitigate his losses after mid-November 2020.
- The total monetary award was £31,517.30, including injury to feelings of £12,000.
Timeline
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Harassment incidents start
The claimant experienced harassment, including homophobic comments, around this date.
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Claimant overdoses
The claimant took an overdose of 8 paracetamol tablets and was reviewed by a psychiatry team.
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Employment ends
The claimant resigned, which was later found to be a constructive unfair dismissal.
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Starts work with Amazon/PMP
The claimant commenced employment with Amazon/PMP Recruitment, earning net £1,735.99.
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Leaves Amazon/PMP
The claimant left due to the physically demanding nature of the work.
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Starts work at Morrisons
The claimant started a job at Morrisons, earning net £1,013.22.
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Leaves Morrisons
The claimant resigned from Morrisons because the work was not to his liking.
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Failure to mitigate begins
The tribunal found that by mid-November 2020, the claimant should have realised his self-employed business was not viable and should have sought full-time employment.
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Starts civil service job
The claimant commenced a temporary contract with the civil service.
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Starts permanent work
The claimant commenced permanent employment, which he still held at the time of the hearing.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed due to harassment, and if so, what compensation was appropriate for injury to feelings and financial losses, considering whether he had mitigated his losses.
The outcome
The tribunal upheld the claimant's complaint of constructive unfair dismissal.
- The claimant resigned after suffering homophobic harassment, which the tribunal found was a fundamental breach of contract.
- Compensation included:
- Basic award: £3,228.00
- Compensatory award (financial loss): £13,761.74
- Injury to feelings: £12,000 (including £1,000 aggravated damages)
- Interest on injury to feelings: £2,527.56
- Total: £31,517.30
- The tribunal found the claimant failed to mitigate his losses after mid-November 2020, limiting the compensatory period.
Lessons & takeaways
- If you experience serious harassment at work, you may be able to resign and claim constructive dismissal if the employer's conduct is a fundamental breach of contract.
- Keep records of all incidents of harassment and any medical treatment you receive – they are crucial evidence for injury to feelings claims.
- You have a duty to mitigate your losses after resigning – actively seek suitable alternative employment to avoid reducing your compensation.
- Aggravated damages may be awarded if the employer's conduct was high-handed or oppressive, increasing the injury to feelings award.
A case of harassment and resignation
This case shows how a pattern of homophobic harassment can destroy the trust and confidence needed in an employment relationship. The claimant, a driver for 247 West London Ltd, endured homophobic comments and other harassment from colleagues. The situation became so severe that he took an overdose and required psychiatric review. In May 2020, he resigned, arguing that the employer's conduct forced him out.
The tribunal agreed. It found that the harassment was a fundamental breach of the implied term of trust and confidence, making the resignation a constructive dismissal. The case highlights that employers must take reasonable steps to prevent harassment – failing to do so can lead to liability for unfair dismissal.
What the employer could have done differently
The employer could have avoided this outcome by taking the claimant's complaints seriously. A prompt investigation and appropriate action against the harassers might have prevented the breach. Instead, the claimant felt he had no choice but to leave. The tribunal also noted that the employer's conduct was high-handed, justifying an element of aggravated damages in the injury to feelings award.
Compensation and mitigation
The total award of £31,517 included £12,000 for injury to feelings (within the middle Vento band), reflecting the serious impact on the claimant's mental health. However, the tribunal reduced the financial loss element because the claimant did not take reasonable steps to find work after November 2020 – he pursued self-employment that was not viable. This serves as a reminder that claimants must actively seek work to keep their compensation intact.
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