Constructive dismissal after unpaid suspension and racial comment: care worker wins
A care worker who was suspended without pay for over two months and accused of acting because a manager was Filipina has won her claims for constructive unfair dismissal, racial harassment, and unlawful deduction of wages.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #race-harassment
- #unlawful-deduction
- #suspension-without-pay
- #rota-dispute
- #covid-19
Key facts
- The claimant was employed as a Carer/Support Worker from 20 July 2018 until her resignation on 7 August 2020.
- On 17 May 2019, it was agreed that the claimant would work her 37.5 hours over three long days per week.
- From 25 May 2020, the respondent provided a rota spreading hours over five days, which the claimant refused.
- The claimant was not offered any work from 1 June to 7 August 2020 and was not paid during that period.
- On 13 July 2020, a manager accused the claimant of acting because the manager was Filipina, which the tribunal found to be racial harassment.
- The claimant resigned on 7 August 2020, citing the intolerable situation including unpaid suspension and racial allegations.
Timeline
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Employment started
Claimant began work as a Carer/Support Worker for Golden Hands Home Care Ltd.
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Agreement on working pattern
After a meeting, it was agreed that the claimant would work her 37.5 hours over three long days per week.
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Rota dispute begins
Claimant was offered a rota spreading hours over five days; she refused, insisting on three days.
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Investigation meeting
Claimant attended a meeting about complaints from service users; she was not offered alternative work.
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Communication gap starts
Claimant was not informed of the investigation outcome; she texted about work but received no rota.
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Racial harassment incident
Manager Maria Causapin accused claimant of acting because she was Filipina; claimant's neighbour overheard.
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Documents hand-delivered
Respondent hand-delivered disciplinary letters to claimant's home; claimant obtained a sick note for stress.
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Resignation
Claimant attended an investigation meeting and handed in her resignation letter, citing false misconduct and race allegations.
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Employment ended
Claimant's notice period expired, effective date of termination.
The legal issue
The tribunal had to decide whether the employer's actions (changing the rota, suspending without pay, failing to communicate, and a manager making a racial comment) amounted to a fundamental breach of contract entitling the claimant to resign and claim constructive unfair dismissal, and whether the racial comment constituted harassment related to race.
The outcome
The tribunal unanimously upheld the claims for constructive unfair dismissal, racial harassment, and unlawful deduction of wages.
The key reasons were:
- The employer unilaterally changed the claimant's agreed working pattern without notice.
- The claimant was not offered any work from 1 June to 7 August 2020 and was not paid during that period.
- The employer failed to communicate the outcome of an investigation or provide a rota.
- A manager accused the claimant of acting because the manager was Filipina, which the tribunal found to be racial harassment.
A remedy hearing was listed for 14 November 2022; no compensation figures were determined at this stage.
Lessons & takeaways
- If you are suspended without pay and not given work, this may be a fundamental breach of contract entitling you to resign and claim constructive dismissal.
- A racial comment by a manager, even if made in a private conversation, can amount to harassment if it creates an intimidating or offensive environment.
- Employers must follow agreed working patterns and give reasonable notice of changes; unilateral changes can breach the implied term of trust and confidence.
- Document all communications and keep a diary of events, as this evidence can be crucial in tribunal proceedings.
- You do not need a solicitor to bring a claim; the claimant in this case represented herself and succeeded.
This case shows how a breakdown in communication and a single racial comment can unravel the employment relationship. The claimant, a carer with two years' service, had agreed to work her 37.5 hours over three long days. When the employer tried to spread those hours over five days without notice, the dispute escalated. Instead of resolving it, the employer effectively suspended the claimant without pay for over two months, failed to keep her informed, and then accused her of acting because a manager was Filipina.
What the employer did wrong
The employer could have avoided this outcome by honouring the agreed rota, communicating clearly about any changes, and paying the claimant for work she was ready and willing to do. The racial comment — a manager telling the claimant she was only taking action because the manager was Filipina — was a serious misstep. Even if the manager did not intend to harass, the tribunal found it had the effect of violating the claimant's dignity. The employer also failed to respond to the claimant's attempts to resolve the situation, leaving her with no choice but to resign.
Why this matters
For employees, this case is a reminder that constructive dismissal claims can succeed when an employer's conduct makes the working relationship intolerable. The fact that the claimant represented herself and won shows that legal representation is not essential, though it helps to have clear evidence. For employers, it highlights the risks of changing working conditions without agreement, suspending without pay, and making comments that could be perceived as racially motivated. A remedy hearing will determine compensation, but the liability findings alone send a strong message about the importance of fair treatment and communication.
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