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Friday, July 17, 2026

EAT confirms uncapped compensation can flow from discrimination that leads to resignation - vwv.co.uk

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Background

In Griffiths v Essex County Council, the claimant, a social worker with anxiety and depression, became the subject of workplace complaints. Her employer informed her that complaints had been made but provided no details and conducted an investigation without involving her.

The investigation ultimately concluded that the complaints were unfounded, but the claimant was not properly informed of this outcome. She raised a grievance, which partially upheld her complaints but found that the initial complaints against her were not malicious and therefore no disciplinary action would be taken. The cumulative effect of these events significantly affected her mental health, and she eventually resigned and brought a claim in the employment tribunal.

The employment tribunal upheld a claim of indirect disability discrimination, finding that the employer's practice of excluding the subject of a complaint from participating in the investigation placed disabled employees with mental health conditions at a particular disadvantage. The tribunal also found that the claimant had been constructively unfairly dismissed.

At the remedy stage, the tribunal awarded more than...



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