Department for Work and Pensions

Case Summary

The claimant, employed by the Department for Work and Pensions, claimed she was constructively dismissed unfairly and subjected to disability-related harassment and discrimination. The tribunal found that the claimant had affirmed her contract of employment after May 2023, and therefore could not rely on earlier alleged breaches to establish constructive dismissal. The claims of unfair dismissal were dismissed as not well founded, and the Equality Act 2010 claims were struck out as being outside the three-month time limit with no just and equitable basis for extension.

The tribunal found that the claimant affirmed her contract of employment after May 2023, and nothing the respondent did after that date breached the implied term of trust and confidence. Therefore, the claimant could not rely on any earlier breaches to support a constructive dismissal claim. The Equality Act claims were outside the three-month primary time limit and the tribunal determined it was not just and equitable to extend time, particularly given forensic prejudice to the respondent and the weakness of the disability-related allegations.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Whether the claimant was constructively dismissed
• •Whether the constructive dismissal was automatically unfair under section 103A ERA (whistleblowing)
• •Whether the constructive dismissal was unfair under section 98 ERA
• •Whether the claimant was subjected to disability-related harassment
• •Whether the respondent failed to make reasonable adjustments for disability
• •Time limits for discrimination and harassment claims under Equality Act 2010
• •Whether it is just and equitable to extend time for Equality Act claims

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