Nursing Assistant loses constructive dismissal and race discrimination claim against NHS Trust
A Nursing Assistant who resigned after a lengthy grievance process failed to prove race discrimination or constructive dismissal. The tribunal found the Trust's actions, while flawed, were not discriminatory.
2 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #constructive-dismissal
- #grievance-delay
- #disciplinary-investigation
- #patient-abuse
- #lack-of-support
Key facts
- The claimant, a black Nursing Assistant of Afro-Caribbean ethnicity, was employed by the Trust from March 2017.
- From November 2017, multiple complaints about the claimant's behaviour were raised by colleagues, leading to an action plan and a move to a different ward.
- An incident on 27 May 2018 involving a patient with dementia led to a disciplinary investigation with significant communication failures and delays.
- The claimant lodged a grievance on 29 December 2018 alleging discrimination, which was investigated and partially upheld but rejected the core discrimination claim.
- Further allegations in January 2019 led to another investigation, still ongoing when the claimant resigned on 19 November 2019.
- The tribunal found no race discrimination, harassment, victimisation, or constructive dismissal.
Timeline
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Employment started
Claimant employed as a Trainee Nursing Assistant, later becoming a Band 2 Assistant on ward AM2.
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Complaints begin
Ward Sister Samantha Croker and Ward Manager Ruth Baron raised concerns about the claimant's behaviour, warning of possible disciplinary action.
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Hair brushing incident
A patient made a racially charged comment to the claimant; the patient's son threatened her. An action plan was later implemented.
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Transfer to Manchester Ward
Claimant moved to a different ward following ongoing issues.
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Incident with patient Mr H
Claimant involved in an incident with a dementia patient; colleagues reported she shouted at the patient.
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Suspension and investigation start
Claimant told not to come to work; investigation into the May 27 incident began. She was moved to the Discharge Lounge.
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Claimant interviewed in investigation
After months of delay, the claimant was finally interviewed about the May 27 incident.
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Grievance lodged
Claimant submitted a grievance alleging bullying, harassment, and discrimination.
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Further allegations
Two new allegations of inappropriate behaviour led to another disciplinary investigation and removal from patient contact.
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Grievance outcome
Grievance partially upheld but discrimination claim rejected. This was the 'last straw' for the claimant.
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Resignation
Claimant resigned, citing breach of trust and confidence.
The legal issue
The tribunal had to decide whether the Nursing Assistant was subjected to race discrimination, harassment, or victimisation, and whether her resignation amounted to constructive unfair dismissal due to a breach of trust and confidence.
The outcome
The Employment Tribunal unanimously dismissed all claims: direct race discrimination, harassment related to race, victimisation, and constructive unfair dismissal.
The key reasons were:
- The Trust's actions, including delays in investigations and communication failures, were not racially motivated. The tribunal found no evidence that the claimant was treated less favourably because of her race.
- The grievance outcome, while partially upholding some concerns, did not amount to a fundamental breach of contract. The 'last straw' was not sufficiently serious to justify resignation.
- The claimant's own conduct, including complaints from colleagues and the incident with a patient, contributed to the Trust's actions.
No compensation was awarded as all claims failed.
Lessons & takeaways
- If you believe you are being treated unfairly at work, keep a detailed diary of incidents and any communications with management.
- A grievance process that is slow or poorly handled does not automatically amount to discrimination or a constructive dismissal claim.
- To succeed in a constructive dismissal claim, you must show a fundamental breach of contract by your employer that caused you to resign.
- Representing yourself in a complex discrimination case is challenging; consider seeking legal advice or support from a union.
- Employers should ensure investigations are conducted promptly and fairly to avoid perceptions of unfairness, even if discrimination is not proven.
A case of poor process, but not discrimination
This case shows how difficult it can be to prove that an employer's poor handling of complaints is linked to race. The Nursing Assistant, who had two years' service, faced a series of complaints from colleagues and a disciplinary investigation that dragged on for months. She lodged a grievance alleging discrimination, but the grievance outcome – which partially upheld some concerns but rejected the core discrimination claim – became the 'last straw' that led her to resign.
The tribunal accepted that the Trust's investigation had significant flaws: delays, poor communication, and a failure to follow its own procedures. However, the tribunal found no evidence that these failings were because of the claimant's race. The complaints against her were raised by colleagues of different ethnicities, and the Trust's actions were consistent with how it handled similar issues with other staff.
What the Trust could have done differently
The Trust's investigation was slow – it took nearly six months to interview the claimant about the May 2018 incident. The grievance process also took almost a year to conclude. While these delays were not discriminatory, they created a sense of unfairness that might have been avoided with better case management. The tribunal noted that the Trust's communication with the claimant was often poor, leaving her unclear about the allegations against her.
Why this result matters
For employees, this case is a reminder that a flawed process does not automatically mean discrimination or constructive dismissal. The legal test for constructive dismissal requires a fundamental breach of contract – something so serious that it undermines the employment relationship. Delays and poor communication, while frustrating, may not meet that threshold, especially for employees with shorter service.
For employers, the case highlights the importance of fair and timely investigations. Even though the Trust won, the tribunal criticised its handling of the matter. A more efficient process could have avoided the stress and cost of a tribunal claim altogether.
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