Constructive dismissal after 15 years: race harassment and unpaid holiday pay
A former employee with 15 years' service was constructively dismissed after a campaign of race harassment. The tribunal awarded over £34,000 including £21,000 for injury to feelings.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from 2006 until he resigned on 23 September 2021.
- The claimant was constructively and unfairly dismissed.
- The claimant was subjected to harassment on grounds of his race from February 2019 until his resignation.
- The claimant was not paid holiday pay for 11.7 days.
- The claimant was awarded £21,000 for injury to feelings plus interest of £6,160.
- The claimant received a basic award of £3,567.89 and notice pay of £2,973.24.
Timeline
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Employment started
The claimant began working for the respondent.
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Discriminatory conduct began
A continuing course of discriminatory conduct on grounds of race started.
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Resignation
The claimant resigned, effective date of termination.
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Preliminary hearing
A preliminary hearing was held via CVP in Bristol before Employment Judge David Hughes.
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Substantive hearing started
The main hearing began in Southampton before Employment Judge Rayner and members.
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Substantive hearing ended
The hearing concluded after five days.
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Judgment on liability
The tribunal found constructive unfair dismissal and race harassment, and ordered a remedies hearing.
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Remedy hearing
The tribunal determined the financial awards.
The legal issue
The tribunal had to decide whether the employee was forced to resign due to his employer's conduct (constructive dismissal), whether that conduct amounted to race harassment, and whether he was owed holiday pay.
The outcome
The tribunal ruled in favour of the employee on all main claims.
- He was constructively and unfairly dismissed after a continuing course of race harassment from February 2019 until his resignation in September 2021.
- He was awarded £21,000 for injury to feelings, plus £6,160 interest.
- He also received a basic award of £3,567.89, notice pay of £2,973.24, and unpaid holiday pay of £579.74.
- Total compensation: £34,280.87.
Lessons & takeaways
- If you resign because of your employer's conduct, you must show that the conduct was a fundamental breach of contract and that you resigned in response to it.
- A continuing course of discriminatory conduct can support a claim of constructive dismissal even if individual incidents seem minor.
- Keep a record of all incidents of harassment or discrimination, as tribunals will consider the cumulative effect.
- Unpaid holiday pay can be claimed as an unlawful deduction from wages, even after resignation.
- Injury to feelings awards for discrimination can be substantial, reflecting the impact on the individual.
A long-serving employee forced out
This case shows how a pattern of race harassment over two and a half years can lead to a successful constructive dismissal claim. The employee had worked for Crystal Clear Designs and Signs Ltd for 15 years before he felt compelled to resign. The tribunal found that from February 2019 until his resignation in September 2021, he was subjected to a continuing course of discriminatory conduct that made his working life intolerable.
What the employer did wrong
The employer's conduct included harassment on grounds of race. The tribunal did not uphold a separate claim of direct race discrimination, but the harassment was enough to destroy the trust and confidence in the employment relationship. The employer also failed to pay holiday pay for 11.7 days. The tribunal awarded £21,000 for injury to feelings, reflecting the distress caused by the harassment.
Why this matters
This case is a reminder that constructive dismissal claims can succeed when an employer's behaviour amounts to a fundamental breach of contract. The employee did not need to prove each incident was a breach on its own; the cumulative effect of the harassment was key. The award of over £34,000 shows that tribunals will compensate for both financial losses and the emotional impact of discrimination.
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