Assistant store manager loses constructive dismissal and race discrimination claim against Hugo Boss
An assistant store manager who resigned claiming constructive dismissal and race discrimination has lost his case. The tribunal found no breach of trust and confidence and no evidence of discrimination.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #race-discrimination
- #final-written-warning
- #stock-loss
- #lone-working
- #whatsapp-message
- #grievance
Key facts
- The claimant resigned on 26 July 2021, claiming constructive dismissal.
- He had received a final written warning for negligence in management processes, later reduced to a first written warning on appeal.
- The claimant alleged race discrimination, citing a WhatsApp message from his area manager and disparate treatment compared to white managers.
- The tribunal found no breach of the implied term of trust and confidence.
- The tribunal found no evidence of race discrimination; the treatment was due to poor stock-take results and admitted failings.
Timeline
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Employment started
Claimant started as Supervisor at Selfridge's, Birmingham.
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Promoted to Assistant Store Manager
Salary £20,000.
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Transferred to Bullring store
Salary increased to £22,000.
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Alleged unfair blame by area manager
Claimant alleged Barry Grant unfairly blamed him for incomplete tasks.
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Lone working began
Claimant worked alone due to lockdown; no objection raised.
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Allegation of inappropriate comments
Female colleague alleged inappropriate comments by claimant; investigation later closed.
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Disciplinary investigation interview
Claimant admitted unit counts not done; suspended for negligent management.
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Disciplinary hearing
Claimant admitted failings; final written warning issued on 16 April.
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Returned to work
Claimant returned and gathered evidence of non-compliance by temporary managers.
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Appeal hearing
Claimant suggested written warning appropriate; sanction reduced to first written warning on 29 June.
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Grievance letter
Claimant raised race discrimination for first time.
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Grievance meeting
Claimant unable to substantiate discrimination; grievance not upheld on 1 July.
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Resignation
Claimant resigned without notice, citing mental health and mistreatment.
The legal issue
The tribunal had to decide whether the employer's conduct amounted to a fundamental breach of contract entitling the employee to resign and claim constructive dismissal, and whether the treatment was on grounds of race.
The outcome
The tribunal dismissed all claims, including unfair dismissal, race discrimination, and notice pay.
- The tribunal found that the employer's actions, including issuing a final written warning (later reduced on appeal) and not upholding a grievance, did not breach the implied term of trust and confidence.
- The race discrimination claim failed as there was no evidence that the claimant was treated less favourably because of his race; the treatment was due to poor stock-take results and his admitted failings.
- No compensation was awarded as the claims were not well-founded.
Lessons & takeaways
- Resigning and claiming constructive dismissal requires a fundamental breach of contract by the employer; a final written warning, even if later reduced, does not automatically amount to such a breach.
- To succeed in a race discrimination claim, you need evidence that you were treated less favourably because of your race; perceived unfairness alone is not enough.
- Raising a grievance after a disciplinary process does not necessarily strengthen a constructive dismissal claim if the employer's actions were reasonable throughout.
- Admitting failings during a disciplinary process can undermine a later claim that the employer acted unfairly.
A resignation that didn't amount to constructive dismissal
This case shows the high bar for constructive dismissal claims. The assistant store manager resigned after receiving a final written warning for negligence, which was later reduced to a first written warning on appeal. He argued that the warning, along with other treatment, destroyed trust and confidence. However, the tribunal found that the employer acted reasonably throughout: the warning was based on his own admissions of failings, and the appeal process corrected the initial severity.
Race discrimination claim lacked evidence
The claimant also alleged race discrimination, pointing to a WhatsApp message from his area manager and claims that white managers were treated more favourably. But the tribunal found no evidence that his race played any part in the decisions. The employer's actions were driven by poor stock-take results and the claimant's admitted failures to follow processes. The message was not discriminatory in context, and the comparison with white managers did not show less favourable treatment.
What the employer did right
Hugo Boss followed a fair process: they investigated, held a disciplinary hearing, allowed an appeal, and considered the claimant's grievance. The tribunal noted that the claimant had admitted his failings and had not raised race discrimination until after the disciplinary process. The employer's willingness to reduce the warning on appeal showed they were open to reconsidering their decisions.
Key takeaway for employees
This case is a reminder that constructive dismissal claims are difficult to win. A single disciplinary sanction, even if it feels harsh, is unlikely to be a fundamental breach unless the employer acts unreasonably or without proper process. Similarly, race discrimination claims require solid evidence of less favourable treatment because of race, not just a feeling of unfairness.
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