Miss D Blajan v Havant and South Downs College — 2021

Miss D Blajan was employed as a teacher at Havant and South Downs College and resigned on 25 November 2019. She brought claims of constructive unfair dismissal, direct race discrimination and victimisation. The tribunal dismissed the race discrimination and victimisation claims, but upheld the constructive unfair dismissal claim.

On the discrimination claims, the tribunal found that the claimant had not established a prima facie case that any less favourable treatment was because of race or nationality. It rejected the alleged protected act in January 2018 and found that the October 2018 appraisal comments did not provide a sufficient basis for victimisation against Ms Ryan in November 2019. The tribunal accepted that one class was moved to Ms Bland in September 2019 without consultation, and that the meeting with Ms Ryan on 22 November 2019 was difficult and upsetting, but it found no evidence that the treatment was motivated by race.

On constructive dismissal, the tribunal held that Mr Youell's decision to reallocate the class without consulting the claimant, and his failure to rectify the matter, was a breach of the implied term of trust and confidence. It also found that the 22 November 2019 meeting was a final straw. The claimant resigned three days later in response to those breaches, so there was no affirmation of the contract and the dismissal was constructive and unfair. Remedy was agreed at a £3,675 basic award, £1,327 for one year's loss of earnings and £300 for loss of statutory rights, making £5,302 in total; the tribunal later said no injury to feelings award could be made for unfair dismissal.