Discrimination didn’t cause resignation

18th June 2014

Discrimination didn’t cause resignation

image (66)

Discrimination will nearly always be grounds for constructive dismissal, if the employee resigns in response to it. In Clements v Lloyds Bank, however, an age discriminatory remark was found not to have been the main cause of the employer’s breach of contract that led to his resignation. This was significant because compensation for ordinary constructive dismissal is capped, whereas compensation for discrimination-based constructive dismissal is not.

Mr Clements was in his fifties. His employer was attempting to resolve problems with his performance by moving him to a new role. During the course of one of their meetings, his manager twice remarked “you’re not 25 any more” (later denying saying this).

Over the course of the following few months Lloyds heard and rejected Mr Clements’ grievance and announced that someone had been appointed to a role above him, meaning that he had been demoted. Six months after the discriminatory “25” comment, Mr Clements resigned.

The Employment Tribunal held that he had been constructively dismissed because of a course of action which accumulated and resulted in the “last straw” of the demotion announcement. But he didn’t resign because of the ageist remark of six months earlier. Far more had happened by the time of the resignation. While the “25” comment was an act of age discrimination, it didn’t cause his constructive dismissal.

Blog Posts

Why women mean business…


Today is International Women’s Day, the annual celebration of the social, economic, cultural and…

Read More
Upcoming Events

Inheritance Tax and Wills Planning Seminar


What the seminar will cover... Inheritance Tax: - When does it apply; what are…

Read More
News Posts

Events Firm is the Only Show in Town After Move to New Home


An expanding Ipswich events business is taking centre stage after moving into a new…

Read More


"Everything was dealt with in a compassionate and friendly manner"

- AW

"Pat's service is always extremely efficient and very approachable"

- AO

"Relieved that I could leave you to deal with the legal aspect of my late husbands estate"

- DG

"We cannot thank you enough for all your hard work and sticking with us. You have been amazing and showed a lot of patience when dealing with this case and all for no reward for yourself, thank you."

- Dean Kentfield

"Approachable, very efficient, always willing to take my calls and update me."

- SH

"We were very pleased to have Jade as our solicitor, the service was excellent and we felt kept in the loop which minimised stress"

- CT

"I have used Tracey Hammond at Gotelee on a number of occasions and in my opinion, she is simply the most efficient conveyancing solicitor I have ever worked with. From the outset, she took the time to understand my specific business requirements and to date, she has exceeded all of my expectations."

- Dale Fiddy - Portobello Developments Ltd

"I don't think this house sale would have pulled together without Jo's determination and expertise. Excellent!"

- MT

"Jade Shelton was absolutely fantastic!! Professional and proactive at all times."

- JH

"This is by far the go-to firm for any issues. You are made to feel valued from the outset and they are so confident in what they do. Wouldn't recommend any other. Thank you Hugh and Max."

- Ros Jones

Please select preferred method of contact

* We will only contact you by telephone if you select this as primary form of contact.