Tribunal finds constructive dismissal following mishandled disciplinary process over transphobia criticism
An Employment Tribunal has ruled that an employee of Arts Council England was constructively dismissed after being disciplined for criticising colleagues with gender-critical views.
Background
In the case of Islam-Wright v Arts Council England, the Claimant was a relationship and diversity manager. She contributed to an internal debate after the Arts Council provided funding to the London Community Foundation, which in turn awarded a grant to the LGB Alliance. Some staff opposed this decision, believing the LGB Alliance held trans-exclusionary views.
In response, a spreadsheet was circulated internally, allowing staff to sign in support of an LGBTQIA+ working group grievance. The Claimant added a comment stating that hearing gender-critical views in the workplace could feel similar to hearing racist statements. While two anonymous colleagues later described the spreadsheet as creating a hostile workplace for those with gender-critical beliefs, the Tribunal found that the Claimant did not target any specific individuals and used far less inflammatory language than others.
The Tribunal upheld the Claimant’s constructive dismissal claim, finding that the disciplinary process was mishandled and led to a breakdown in trust and confidence.
Tribunal's decision
The Tribunal found that while the employer had legitimate concerns about workplace culture, the disciplinary process was flawed from the outset. Instead of addressing the issue informally through the Claimant’s line manager, the case was escalated straight to a formal disciplinary process, led by an HR partner focused on reputational risk rather than fairness.
The Tribunal concluded that the Claimant’s Dignity at Work complaint, which challenged the fairness of the disciplinary process, was dismissed without proper consideration. HR’s failure to meaningfully engage with this grievance, coupled with its heavy-handed approach to the disciplinary process, amounted to a breach of the implied term of trust and confidence, leading to a successful constructive unfair dismissal claim.
Why the victimisation claim failed
The Claimant also alleged victimisation under the Equality Act 2010, arguing that she was disciplined because of her support for trans colleagues. However, the Tribunal ruled that her comment was not a protected act under the Act.
While the Claimant expressed support for trans rights, her comment was not connected to a formal grievance or discrimination complaint. The Tribunal also noted that although there were suggestions a grievance had been submitted, no such grievance was ever formally raised. Without a protected act, the victimisation claim could not succeed.
Key takeaways for employers
This case highlights the importance of handling workplace disputes and disciplinary matters proportionately. The Tribunal was critical of the employer’s decision to escalate the issue to a formal disciplinary process without first attempting to resolve it informally. Where concerns arise about workplace comments, particularly on sensitive issues, employers should consider whether an informal discussion or management intervention would be a more appropriate starting point than immediate disciplinary action.
The case also underscores the importance of ensuring that grievances are fairly considered when raised alongside disciplinary proceedings. The Tribunal found that the Claimant’s Dignity at Work complaint was not properly addressed, which contributed to the breakdown in trust and confidence. Employers should carefully assess whether a grievance should be investigated before proceeding with a disciplinary process, particularly if the grievance challenges the fairness of the disciplinary action itself.
As a first instance decision, this ruling is not binding on other tribunals. However, it serves as a useful reminder that procedural fairness in disciplinary matters is crucial. Employers who fail to follow a fair and proportionate approach may find themselves exposed to claims of constructive dismissal.