Lecturer's constructive dismissal and race discrimination claim rejected by tribunal
A lecturer with 13 years' service who resigned after a capability process and denied promotions failed to prove constructive dismissal or race discrimination. The tribunal found the employer acted reasonably.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a lecturer from September 2007 until his resignation in 2020.
- He applied for promotion three times (2013/14, 2015/16, 2017) and was unsuccessful each time.
- A capability process was initiated in 2016 following concerns about his marking and exam setting.
- The claimant resigned on 5 February 2020 after a meeting with his line manager Dr Nuri.
- The tribunal found no evidence of race discrimination, harassment, or victimisation.
- The tribunal concluded the claimant was not constructively dismissed.
Timeline
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Employment started
Claimant commenced employment as a teaching fellow in finance.
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First promotion application
Claimant applied for promotion but was unsuccessful; feedback cited insufficient leadership criteria.
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Student petition
An online petition was started by students regarding the claimant's teaching.
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Professor Unerman's report
Professor Unerman prepared a summary of concerns about the claimant's academic integrity or competence.
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Capability process initiated
Professor Normington recommended the claimant be dealt with under the capability policy.
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Grievance filed
Claimant filed a grievance against Professor Unerman under the Equality Act 2010.
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Grievance not upheld
Professor Sagat concluded the grievance investigation and did not uphold it.
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Stage 3 capability hearing
A Stage 3 capability hearing took place; the panel decided to continue the development plan.
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Incident with Dr Nuri
Dr Nuri confronted the claimant about overdue marking; claimant felt humiliated.
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Meeting with Dr Nuri
Dr Nuri told the claimant the capability process would end and he would get a fresh start.
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Resignation
Claimant resigned, citing the cumulative breach of trust and confidence.
The legal issue
The tribunal had to decide whether the lecturer was constructively dismissed (i.e., forced to resign due to the employer's conduct) and whether he suffered direct race discrimination, harassment, or victimisation under the Equality Act 2010.
The outcome
The tribunal dismissed all claims, ruling that the employer, Royal Holloway and New Bedford College, had not acted in a way that destroyed the trust and confidence required for a constructive dismissal.
The key reason was that the capability process and promotion decisions were based on legitimate performance concerns, not race. The incident with the line manager was not sufficiently serious to justify resignation.
No compensation was awarded as all claims failed.
Lessons & takeaways
- To succeed in a constructive dismissal claim, you must show your employer's conduct was so serious it fundamentally breached your contract of employment.
- A single unpleasant meeting, without a pattern of mistreatment, is unlikely to meet the high threshold for constructive dismissal.
- Capability processes and promotion decisions based on performance, not protected characteristics, are unlikely to support a discrimination claim.
- Keep a clear record of any incidents you believe amount to discrimination or harassment, as tribunals rely on specific evidence.
A long-serving lecturer's claim unravels
This case shows how difficult it can be to prove constructive dismissal and race discrimination, even after a lengthy employment relationship. The lecturer, who had worked at Royal Holloway for 13 years, resigned after a series of denied promotions and a capability process that left him feeling humiliated. He argued that the college's actions amounted to a fundamental breach of trust and confidence, forcing him to resign.
However, the tribunal found that the college's conduct was reasonable in the circumstances. The capability process was triggered by genuine concerns about marking and exam setting, and the promotion decisions were based on objective criteria like leadership skills. The tribunal also noted that the lecturer's grievance about discrimination had been properly investigated and not upheld.
What the employer did right
The college had clear policies and followed them. It provided feedback on promotion applications, conducted a thorough capability process, and investigated the lecturer's grievance. The tribunal was satisfied that the actions were not motivated by race. The incident with the line manager, while unpleasant, was a one-off and did not justify resignation.
What this means for similar claims
This case reinforces that constructive dismissal claims require a serious, cumulative breach of contract. A single difficult meeting or a series of performance-related actions will not suffice if the employer can show they acted reasonably. For discrimination claims, the burden is on the claimant to provide evidence linking the treatment to a protected characteristic. Without such evidence, the claim will fail.
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