Relief manager dismissed for rude email and failing to follow instructions: all claims rejected
A relief manager who was dismissed after sending an inflammatory email and failing to comply with instructions lost his unfair dismissal, whistleblowing, and disability discrimination claims. The tribunal found no protected disclosures and no discrimination.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Relief Manager from 16 July 2018 until dismissal on 22 January 2020.
- The claimant had a disability of depression and anxiety, conceded by the respondent.
- The claimant made two alleged protected disclosures: a verbal statement on 26 October 2019 and a letter on 29 January 2020.
- The tribunal found neither alleged disclosure was a protected disclosure under the Employment Rights Act 1996.
- The claimant was dismissed for failing to comply with reasonable managerial instructions and sending a rude email.
- The tribunal dismissed all claims including unfair dismissal, detriment, disability discrimination, and breach of contract.
Timeline
-
Employment commenced
Claimant started as Relief Manager, 20 hours per week.
-
Meeting with Carol O'Leary
Claimant informed O'Leary of possible job offer from Leonard Cheshire.
-
Email from Rita Hinton
Hinton emailed claimant about his new job offer, expressing support.
-
Claimant began annual leave
Claimant's partner handed in his keys, indicating he was not returning.
-
Claimant returned to work
Claimant stated he had posted a resignation letter.
-
Meeting with O'Leary and Hinton
Discussion about claimant's hours and expenses; no agreement on reduced hours.
-
Claimant sent inflammatory email
Claimant accused Hinton of contributing to his stress and used block capitals.
-
Hinton's email questioning stress causation
Hinton emailed claimant questioning whether stress was work-related.
-
Grievance meeting with Harris-West
Claimant alleged respondent had a history of dismissing disabled people.
-
Dismissal
Claimant dismissed for failure to comply with instructions and sending rude email.
The legal issue
The tribunal had to decide whether the claimant made protected disclosures, whether his dismissal and other detriments were because of those disclosures, and whether the respondent failed to make reasonable adjustments or harassed him related to his disability.
The outcome
The tribunal dismissed all claims, including unfair dismissal, detriment for protected disclosures, disability discrimination (failure to make reasonable adjustments and harassment), and breach of contract. The key reason was that the alleged disclosures were not protected under the Employment Rights Act 1996, and the dismissal was for conduct (failure to comply with instructions and sending a rude email). The tribunal also found no evidence of disability discrimination or harassment. No compensation was awarded.
Lessons & takeaways
- Not every complaint about a workplace issue counts as a protected disclosure – it must be made in the public interest and disclose a legal obligation or wrongdoing.
- Disability discrimination claims require evidence that the employer knew or should have known about the disability and failed to make reasonable adjustments.
- Sending rude or inflammatory emails can justify dismissal for conduct, even if the employee has a disability.
- If you are representing yourself, be prepared to provide clear evidence and follow procedural rules.
- Employers should document all reasonable adjustments and ensure they are properly considered.
A case that shows the limits of whistleblowing and disability protection
This case involved a relief manager who worked 20 hours a week for the RSPCA North Somerset Branch. He suffered from depression and anxiety, which the employer accepted as a disability. After a series of disputes about his hours and expenses, he sent an email in block capitals accusing a manager of contributing to his stress. He was later dismissed for failing to comply with reasonable instructions and for sending that rude email.
The claimant argued that he had made protected disclosures – a verbal statement in October 2019 and a letter in January 2020 – and that his dismissal was automatically unfair. He also claimed that the employer failed to make reasonable adjustments for his disability and harassed him. However, the tribunal found that neither alleged disclosure met the legal test for protection under the Employment Rights Act 1996. The verbal statement was not about a legal obligation or wrongdoing, and the letter was sent after the dismissal decision had already been made.
What the employer did right
The employer had a clear disciplinary process. The decision to dismiss was taken by a trustee who considered the claimant's conduct – including his failure to follow instructions and the tone of his email. The tribunal noted that the employer had offered support and adjustments, such as regular breaks during the hearing. There was no evidence that the employer knew about the disability at the relevant time or that any failure to adjust was unreasonable.
Why this matters for similar claims
This case is a reminder that not every workplace complaint qualifies as a protected disclosure. To succeed, you must show that you reasonably believed the disclosure was in the public interest and revealed a breach of a legal obligation, a danger to health and safety, or similar. Similarly, disability discrimination claims require evidence that the employer knew or should have known about the disability and failed to make reasonable adjustments. Sending rude emails or refusing to follow instructions can still lead to dismissal, even if you have a disability.
Similar cases
Personal banker's constructive dismissal claim fails after three-day stint at new branch
An employment tribunal has dismissed a personal banker's claims of constructive unfair dismissal and disability discrimination against Santander UK Plc, finding that the final straw she relied on was innocuous and that earlier alleged breaches were not linked to her resignation.
Plumber with back injury forced to resign after employer ignored adjustments
A plumber with six years' service was awarded £134,411 after his employer failed to implement occupational health recommendations, cut his sick pay, and ignored his grievance. The tribunal found constructive unfair dismissal and disability discrimination.
English teacher who raised IB exam concerns loses constructive dismissal claim
A tribunal dismissed claims of constructive unfair dismissal, disability discrimination and detriment for protected disclosures brought by an English teacher who raised concerns about International Baccalaureate exam preparation.
Bus driver with Crohn's disease awarded £25,000 after employer failed to provide suitable shifts
A bus driver with over 30 years' service was awarded £25,000 after his employer repeatedly allocated shifts that did not meet his disability-related needs, causing him to soil himself at work.