Property manager's race discrimination and constructive dismissal claims rejected by tribunal
A property manager with 14 years' service lost her claims of race discrimination, harassment, victimisation and constructive unfair dismissal against Southern Housing. The tribunal found no evidence of unlawful treatment.
1 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #constructive-unfair-dismissal
- #secondment
- #salary-reduction
- #interview-performance
- #sickness-review
- #christmas-leave
Key facts
- The claimant was employed from 2007 until her resignation on 8 March 2021.
- She was not appointed to a permanent Senior Property Manager role after an interview in October 2018.
- She was offered a 12-month secondment to the SPM role at a 10% reduced salary.
- The Kent and Sussex SPM role was deleted in 2019, and she returned to her substantive Property Manager role.
- The claimant raised three grievances alleging race discrimination.
- The tribunal found no evidence of race discrimination, harassment, victimisation, or constructive unfair dismissal.
Timeline
-
Start of PM role
The claimant began her new role as Property Manager following a restructure.
-
SPM interview
The claimant was interviewed for the Senior Property Manager role but was unsuccessful.
-
Start of SPM secondment
The claimant started a 12-month secondment to the SPM role at a 10% reduced salary.
-
Notice of role deletion
The claimant was told the Kent and Sussex SPM role would be deleted.
-
Second grievance
The claimant raised a grievance alleging race discrimination regarding the deletion of her role and salary reduction.
-
Return to PM role
The claimant returned to her substantive Property Manager role after the secondment ended.
-
Grievance dismissed
The second grievance was dismissed by Mr Kazi.
-
New SPM appointed
Ms Oleksy became the SPM for the claimant's team.
-
One-to-one meeting
The claimant had a meeting with Ms Oleksy, after which she alleged she was told to be managed badly.
-
Resignation
The claimant resigned, claiming constructive unfair dismissal.
The legal issue
The tribunal had to decide whether Southern Housing subjected the claimant to direct race discrimination, harassment, victimisation and constructive unfair dismissal regarding her pay, recruitment for a senior role, secondment terms, and subsequent management treatment.
The outcome
The tribunal dismissed all claims brought by the property manager against Southern Housing.
The key reasons were:
- The tribunal found no evidence that the claimant's race (Black British) played any part in the decisions about her pay, secondment, or role deletion.
- The interview process for the Senior Property Manager role was fair, and the claimant was not the strongest candidate.
- The offer of a secondment at a reduced salary was a reasonable business decision, not discriminatory.
- The grievances were properly investigated and dismissed, with no evidence of victimisation or harassment.
- The claimant's resignation did not amount to constructive dismissal as the employer had not breached the implied term of trust and confidence.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Length of service alone does not guarantee success in discrimination claims; the key is whether there is evidence of a protected characteristic influencing decisions.
- A fair and transparent recruitment process, with clear reasons for selection, can help defend against discrimination allegations.
- Employers can offer secondments at reduced salaries if there is a legitimate business rationale, provided the terms are clearly communicated.
- Grievances must be properly investigated and responded to; a thorough process can rebut claims of victimisation or harassment.
A long-serving employee's claims that did not succeed
The case shows how even an employee with 14 years' service can fail to prove discrimination if the evidence does not support it. The property manager believed she was treated unfairly because of her race when she was not appointed to a permanent senior role, was offered a secondment at a lower salary, and later had her role deleted. However, the tribunal found that the employer's actions were based on legitimate business reasons, not race.
What the employer did right
Southern Housing had a clear recruitment process for the Senior Property Manager role. The claimant was interviewed but was not the strongest candidate. The decision to offer her a 12-month secondment at a 10% reduced salary was explained as a business need, not a discriminatory act. When the role was later deleted, the employer followed a proper process. The grievances raised by the claimant were investigated by senior managers who gave evidence that the tribunal found credible.
Why the result matters
This case is a reminder that discrimination claims require evidence linking the alleged treatment to a protected characteristic. The tribunal carefully examined each allegation and found no such link. For employees considering similar claims, it highlights the importance of gathering contemporaneous evidence of discriminatory comments or treatment. For employers, it shows that fair processes and clear documentation can successfully defend against such claims.
Similar cases
Sex discrimination amendment refused: comparing safety concerns with colleague
A former employee's attempt to add a sex discrimination claim based on how her safety concerns were handled compared to a colleague's was refused by the tribunal as out of time and lacking merit.
Night shift worker wins race discrimination claim after swearing complaint ignored
A Travelodge night shift worker of Asian Pakistani ethnicity was awarded £5,705 after the tribunal found the hotel chain failed to investigate his complaint about being sworn at by a manager, amounting to race discrimination.
Race discrimination claim dismissed after social worker missed time limit
An experienced social worker's race discrimination and constructive dismissal claims against Devon County Council were dismissed because she presented her claim too late, and the tribunal refused to extend time.
Learning support assistant's race and religion discrimination claims dismissed after tribunal finds evidence unreliable
A tribunal dismissed all claims of race and religion discrimination brought by a learning support assistant against Horndean Junior School, finding her evidence unreliable and the school's grievance process thorough.