Constructive dismissal and race discrimination: former employee awarded £3,060
A tribunal found that Krispy Kreme U.K. Limited constructively dismissed a former employee and discriminated against him because of his nationality. He was awarded £3,060 including £990 for injury to feelings.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant withdrew claims of disability discrimination and harassment related to disability.
- The respondent breached the contract of employment by constructively dismissing the claimant.
- The respondent discriminated against the claimant because of his nationality.
- The claimant was awarded £1,725 for loss of earnings, £345 for unpaid notice pay, and £990 for injury to feelings.
Timeline
-
Unfair dismissal complaint struck out
Employment Judge Adkinson struck out the unfair dismissal complaint because the claimant had less than two years' service.
-
Withdrawal of disability discrimination claims
The claimant withdrew claims of disability discrimination and harassment related to disability; those claims were dismissed.
-
Final hearing
Employment Judge Broughton heard the remaining claims and found in favor of the claimant on constructive dismissal and race discrimination.
The legal issue
The tribunal had to decide whether the employee was constructively dismissed (i.e., forced to resign due to the employer's breach of contract) and whether the employer discriminated against him because of his nationality.
The outcome
The tribunal ruled in favour of the former employee on both constructive dismissal and race discrimination claims.
- The employer breached the contract by constructively dismissing the employee.
- The employer discriminated against the employee because of his nationality, contrary to section 13 of the Equality Act 2010.
Compensation awarded:
- £1,725 for loss of earnings
- £345 for unpaid notice pay
- £990 for injury to feelings
- Total: £3,060
Lessons & takeaways
- Employees with less than two years' service cannot claim unfair dismissal, but they can still claim constructive dismissal if the employer commits a fundamental breach of contract.
- Race discrimination claims are not subject to a service requirement and can be brought regardless of length of service.
- Constructive dismissal claims require the employee to show that the employer's conduct was so serious it justified resignation, and that the employee resigned in response to that conduct.
- Injury to feelings awards compensate for the emotional impact of discrimination, not just financial loss.
- Employers should ensure that treatment of employees is not influenced by nationality or other protected characteristics.
A case of constructive dismissal and nationality discrimination
This case shows that even employees with short service can succeed in claims against their employer if the employer's conduct amounts to a fundamental breach of contract or discrimination. The former employee, who had worked for Krispy Kreme U.K. Limited for less than two years, was unable to bring an ordinary unfair dismissal claim because of the two-year qualifying period. However, the tribunal found that the employer's actions were so serious that they justified the employee resigning — a classic constructive dismissal.
What the employer could have done differently
Krispy Kreme could have avoided liability by treating the employee fairly and not discriminating against him because of his nationality. The tribunal found that the employer breached the contract and discriminated on grounds of nationality. A fair process, proper communication, and respect for the employee's rights could have prevented the resignation and the subsequent claim.
Why this matters for similar claims
This case is a reminder that constructive dismissal and discrimination claims are not barred by short service. Employees who feel forced to resign because of their employer's conduct should consider whether that conduct amounts to a fundamental breach of contract. Additionally, discrimination claims under the Equality Act 2010 have no service requirement and can result in compensation for injury to feelings as well as financial losses. Employers must be vigilant to ensure that nationality or other protected characteristics do not influence their treatment of staff.
Similar cases
Dyslexic support worker wins constructive dismissal after unequal discipline
A part-time support worker with dyslexia was constructively dismissed after being disciplined for an argument while a colleague was not. The tribunal awarded £5,687, including a 20% ACAS uplift for failing to hold a grievance meeting.
Registered Nurse lost constructive dismissal claim over protected disclosure and discrimination
A tribunal dismissed all claims by a dementia ward nurse who resigned after suspension, finding no link between his protected disclosure and the employer's actions.
20-year lunchtime supervisor loses constructive dismissal claim filed too late
A lunchtime supervisor with 20 years' service resigned claiming constructive dismissal but filed her claim 117 days late. The tribunal dismissed the claim for lack of jurisdiction and struck out discrimination claims as having no reasonable prospect of success.
Estate agent with Crohn's disease wins constructive dismissal and disability discrimination claim
An estate agent with Crohn's disease was constructively dismissed and discriminated against after her employer sidelined her due to her disability. The tribunal awarded £46,652.74.