Claimant v Panther 1919 Limited (in administration)
Outcome
Individual claims
Claimant succeeded in unfair dismissal complaint relating to constructive dismissal on 13 May 2022 where she was presented with an ultimatum to resign without proper investigation following allegations of misconduct, constituting a fundamental breach of contract
Claimant entitled to 8 weeks' notice pay at £961.62 per week gross. Judgment already issued on 26 August 2025, now increased by 25% ACAS uplift to £4,407.40
Claimant resigned on 13 May 2022 in response to being presented with an ultimatum without proper process, constituting repudiatory breach of contract
Tribunal found direct race discrimination in relation to events of 13 May 2022 where claimant was subjected to discriminatory constructive dismissal
Richard Cox called claimant 'Sweat' (corruption of her name) between 27-29 April 2022 while making sexist comment about her clothing, making her feel uncomfortable and disturbed - race-related harassment proven
On 8 April 2022 colleague Ms Garlinge discussed Russian invasion of Ukraine within claimant's hearing saying they 'hate everything to do with Russians', contributing to claimant feeling like an outsider and judged - race-related harassment proven
Facts
Ms Zdravev, a Financial Controller earning £50,000 p.a., was employed from November 2013 to May 2022. On 13 May 2022 she was called to a meeting about files on her work drive relating to her husband's company. Without proper investigation or opportunity to respond, she was presented with an ultimatum to resign or face dismissal. She resigned immediately. She had also experienced race-related harassment including being called 'Sweat' (corruption of her name) and hearing anti-Russian comments during the Ukraine invasion. She obtained temporary part-time work but her mental health deteriorated significantly.
Decision
Tribunal upheld claims of unfair dismissal, wrongful dismissal, direct race discrimination and two complaints of race-related harassment. Total award of £131,207.40 including: Basic Award (£4,853.50), compensatory award for loss of statutory rights (£625), wrongful dismissal (£4,407.40), psychiatric injury (£12,000), injury to feelings (£11,500), loss of earnings to February 2024 (£49,524.28), with 25% ACAS uplift for total failure to follow disciplinary procedures and grossing up for tax. Claim against third respondent partnership dismissed as she was not their employee.
Practical note
Employers presenting employees with ultimatums to resign without proper investigation face liability for unfair dismissal, discrimination if protected characteristics involved, and automatic 25% ACAS uplift; psychiatric injury awards require medical evidence but need not be expert evidence where symptoms are documented by GP and mental health professionals.
Award breakdown
Vento band: lower
Award equivalent: 136.5 weeks' gross pay
Adjustments
Respondent failed to carry out proper investigation, did not give claimant opportunity to respond before reaching concluded view she was guilty, failed to follow fair disciplinary process - total failure to follow ACAS Code warranting 25% uplift
Legal authorities cited
Statutes
Case details
- Case number
- 3309090/2022
- Decision date
- 16 August 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Role
- Financial Controller
- Salary band
- £50,000–£60,000
- Service
- 9 years
Claimant representation
- Represented
- No