Lecturer's constructive dismissal claim over Ramadan capability meeting rejected
A lecturer who resigned claiming constructive dismissal after being required to attend a capability meeting while fasting during Ramadan has lost his case. The tribunal found no breach of trust and confidence or indirect discrimination.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #indirect-discrimination
- #religion-or-belief
- #capability-procedure
- #grievance-process
- #ramadan-fasting
Key facts
- The claimant resigned on 3 August 2018, claiming constructive dismissal.
- The claimant was a lecturer in the Business and ICT department.
- The claimant was Muslim and observed Ramadan, including fasting.
- The respondent placed the claimant on a capability procedure in September 2017.
- The claimant's grievance about his line manager was rejected in March 2018.
- The claimant was invited to a capability meeting on 19 June 2018, during his post-Ramadan fasting.
Timeline
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Claimant started work
Claimant started working for Amersham and Wycombe College.
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New line manager
Lisa Portland became the claimant's line manager.
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External inspection issue
An external assessor found the IV folder empty; claimant said he had insufficient time.
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Formal warning
Claimant received a formal warning regarding the IV folder issue.
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Performance discussion
Ms Portland told claimant his lesson was 'very, very bad' and started informal capability process.
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Sick leave
Claimant commenced sickness absence.
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Grievance received
Respondent received claimant's grievance letter about Ms Portland.
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Grievance outcome
Grievance rejected; claimant told he could appeal within 5 working days.
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Phased return
Claimant returned to work on a phased return plan with mediation.
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Invitation to capability meeting
Claimant invited to formal capability meeting on 19 June; he requested postponement due to fasting.
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Capability meeting
Meeting held; claimant was fasting but no breaks requested; outcome was a monitoring period.
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Resignation
Claimant resigned with immediate effect, claiming constructive dismissal.
The legal issue
The tribunal had to decide whether the college's conduct—including placing the lecturer on a capability procedure, rejecting his grievance, and holding a meeting during Ramadan—amounted to a fundamental breach of the implied term of trust and confidence, and whether the meeting during Ramadan indirectly discriminated against him on grounds of religion or belief.
The outcome
The tribunal dismissed the claims of constructive unfair dismissal and indirect discrimination.
The key reasons were:
- The college's actions, including the capability process and grievance handling, did not breach the implied term of trust and confidence. The capability procedure was started after a poor lesson observation and was not unreasonable.
- The grievance was investigated and rejected, and the lecturer was offered a phased return with mediation, which he accepted.
- The decision to hold the capability meeting during Ramadan was justified: the meeting was scheduled after Ramadan had ended (the lecturer was fasting for six days after Ramadan), and he did not request breaks or adjustments. The college had a legitimate aim of managing performance, and the requirement was proportionate.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Constructive dismissal claims require a fundamental breach of contract—poor management or a flawed grievance process alone may not be enough.
- Employers can schedule meetings during religious fasting periods if they are flexible and the employee does not request adjustments, provided there is a legitimate business reason.
- A capability procedure based on objective performance concerns is likely to be reasonable, even if the employee disputes the feedback.
- Employees should clearly request adjustments (e.g., postponement or breaks) if they need them due to religious observance; the employer cannot be expected to guess.
- A rejected grievance does not automatically amount to a breach of trust, especially if the employer followed a reasonable process.
A breakdown of trust, but not a breach
This case shows the high bar for constructive dismissal claims. The lecturer, a Muslim who observed Ramadan, resigned after a series of disputes with his line manager, including a capability procedure and a rejected grievance. He argued that the college's cumulative conduct destroyed the trust and confidence necessary for the employment relationship. However, the tribunal found that while the relationship had deteriorated, the college's actions—though perhaps not perfect—did not cross the line into a fundamental breach of contract.
What the college did right
The college had legitimate performance concerns following a poor lesson observation and an external inspection issue. It followed its capability procedure, offered a phased return with mediation after the lecturer's sick leave, and investigated his grievance, even if the outcome was not what he wanted. Crucially, the capability meeting during Ramadan was scheduled after the main fasting month, and the lecturer did not ask for breaks or a postponement. The tribunal accepted that the college had a legitimate aim of managing performance and that the requirement to attend was proportionate.
Why this matters for similar claims
For employees considering a constructive dismissal claim, this case is a reminder that not every management mistake or insensitive act amounts to a breach. The tribunal looks at the overall picture: whether the employer's conduct was so serious that it fundamentally undermined the relationship. Here, the college's actions were within the range of reasonable responses. For employers, the case underscores the importance of following procedures and being mindful of religious observance, but also shows that reasonable requests can be balanced against business needs.
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