The risk of uncapped financial losses - when discrimination causes an employee to resign

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An employee is able to claim uncapped financial losses and lost earnings when acts of discrimination causes the employee to resign as decided in the case of Griffiths v Essex County Council [2026].

Facts

  • Griffiths was employed as a social worker and suffered with anxiety and depression

  • When complaints were made about her, her employer instigated an internal investigation but failed to inform her of the allegations that had been made and who made them

  • Griffiths was also excluded from the investigation

  • The investigation found the complaints were unsubstantiated

  • Griffiths submitted a grievance and appeal

  • Eventually Griffiths resigned from her employment because the circumstances of this case significantly affected her mental health

  • She made claims for constructive unfair dismissal and indirect disability discrimination.