Constructive dismissal and race discrimination claim fails against Moorfields Eye Hospital
A referrals coordinator resigned claiming constructive unfair dismissal and race discrimination, but the tribunal found no evidence that management style, appraisal grading, or grievance handling were linked to race.
1 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #constructive-dismissal
- #appraisal-dispute
- #grievance-process
- #visa-issue
- #management-style
Key facts
- The claimant was employed as a Referrals Coordinator from February 2016 to May 2022.
- She resigned on 27 April 2022, claiming constructive unfair dismissal and race discrimination.
- The tribunal found that the second respondent's management style of checking understanding was not related to race.
- The claimant's appraisal grade of 'Satisfactory' was not found to be discriminatory.
- The grievance and appeal outcomes were not tainted by discrimination.
- The claimant's visa reminder letter was a standard form and not threatening.
Timeline
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Employment started
Claimant began working as a Referrals Coordinator at Moorfields Eye Hospital NHS Foundation Trust.
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New manager appointed
Second respondent became claimant's line manager.
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First grievance raised
Claimant raised a grievance about bullying, harassment and discrimination.
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Appraisal meeting (part 1)
First part of annual appraisal; cut short due to technical issues.
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Appraisal meeting (part 2)
Second part of appraisal; claimant received 'Satisfactory' grade.
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Informal resolution meeting
Meeting to discuss appraisal; agreed to re-do appraisal process.
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Formal grievance submitted
Claimant submitted grievance about appraisal and alleged discrimination.
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Grievance dismissed
Claimant informed that her grievance was not upheld.
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Visa reminder letter sent
Standard letter reminding claimant to provide right to work documents.
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First appeal hearing
Appeal hearing before Justin Betts; part of appeal upheld.
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Second appeal hearing
Appeal hearing before Natalie O'Shea; part of appeal upheld.
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Resignation
Claimant resigned, effective 25 May 2022.
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ACAS early conciliation started
Claimant initiated ACAS process.
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Claim presented to tribunal
ET1 submitted.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed and whether she was subjected to direct race discrimination and harassment related to race.
The outcome
The tribunal dismissed all claims against Moorfields Eye Hospital NHS Foundation Trust. The claimant had resigned claiming constructive unfair dismissal and race discrimination, but the tribunal found no evidence that any of the alleged acts were related to her race.
Key reasons:
- The manager's style of checking understanding was applied to all staff, not just the claimant.
- The 'Satisfactory' appraisal grade was based on performance, not race.
- The grievance and appeal outcomes were reasonable and not discriminatory.
- The visa reminder letter was a standard form and not threatening.
No compensation was awarded as all claims were dismissed.
Lessons & takeaways
- A constructive dismissal claim requires a fundamental breach of contract by the employer; a management style that is applied equally to all staff is unlikely to amount to such a breach.
- To succeed in a race discrimination claim, you must show that race was a factor in the treatment; general dissatisfaction with management or appraisal outcomes is not enough.
- A standard visa reminder letter sent to all employees with time-limited visas is unlikely to be considered harassment or discrimination.
- Raising a grievance does not automatically protect you from a finding that your resignation was not constructive dismissal; the employer's response must still be reasonable.
What this case shows in practice
The claimant, a referrals coordinator with six years' service, resigned after a series of disputes with her line manager. She felt that the manager's style of constantly checking her understanding was demeaning, that her 'Satisfactory' appraisal grade was unfair, and that a visa reminder letter was threatening. She believed these actions were linked to her race. However, the tribunal found that the manager used the same style with all team members, the appraisal grade was based on objective criteria, and the visa letter was a standard form. The grievance process, while lengthy, was handled reasonably and without discrimination.
What the losing side could have done differently
For employees, this case highlights the importance of gathering objective evidence of discriminatory treatment. The claimant's perception of unfairness was not enough; she needed to show that her race was a motivating factor. For employers, the case demonstrates that a robust, consistent management approach and a fair grievance process can successfully defend against discrimination claims. Moorfields Eye Hospital was able to show that its actions were based on legitimate business reasons.
Why the result matters for similar claims
This case reinforces that constructive dismissal claims based on management style or appraisal disputes are difficult to win unless there is clear evidence of a fundamental breach of contract. It also shows that race discrimination claims require more than a subjective feeling of unfairness; there must be evidence that race played a part in the treatment. The tribunal's careful examination of each alleged act provides a useful example of how such claims are assessed.
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