Daley v Serco Home Affairs Ltd & Ors - Constructive unfair dismissal and race discrimination (employee's appeal fails) [2010] EAT

By continuing to work after an incident which resulted in his losing trust and confidence in his employer, an employee affirmed his contract and could not use that loss of trust and confidence to sustain an allegation of constructive dismissal when he resigned several months later.

Mr Daley is of Afro-Caribbean ethnicity. He was employed by Serco in connection with a contract they had with the Home Office.  Specifically, his job generally was to assist in the transfer of prisoners from police stations and prisons to and from the courts.