Community support worker loses constructive dismissal and race discrimination claim

A case that shows the limits of constructive dismissal

This case highlights the difficulty of proving constructive unfair dismissal when an employer has followed a reasonable performance management process. The claimant, a community support worker with five years' experience, resigned after being placed on a formal capability procedure. She argued that the criticism of her spelling and grammar was racially motivated and that the process amounted to a fundamental breach of trust and confidence.

However, the tribunal found that the employer, Leicestershire County Council, had acted reasonably. The claimant had a history of performance issues, and the employer provided support, training, and informal procedures before moving to formal capability. The tribunal noted that the line manager's comments about spelling and grammar were not linked to the claimant's race but were legitimate concerns about her work.

What the employer did right

The employer's approach offers a blueprint for handling performance issues. They documented concerns, held regular supervisions, and offered informal support before invoking formal procedures. When the claimant raised a grievance, they appointed an independent investigator. Although the investigation was not completed due to the claimant's sickness absence, the tribunal found no evidence of discrimination or victimisation.

Why this matters for similar claims

This case serves as a reminder that constructive dismissal claims require a serious breach of contract. Performance management, even if stressful, does not automatically justify resignation. Claimants should also be aware that discrimination allegations need concrete evidence of less favourable treatment. Without a comparator or direct evidence, such claims are likely to fail.