Care worker resigned after 'so bipolar' comment and sudden role change: constructive dismissal claim allowed to proceed
A care assessment officer who was told she was 'so bipolar' and had her role changed with less than 24 hours' notice has been allowed to add protected disclosure claims to her constructive dismissal case.
1 min read · Last updated 19 May 2026
Case details
- #disability-discrimination
- #constructive-dismissal
- #protected-disclosure
- #grievance
- #role-change
- #bipolar-comment
Key facts
- The claimant started work as a Care Assessment Officer on 12 September 2022.
- She raised a grievance in May 2023 alleging discrimination by her line manager.
- The grievance was dismissed and an appeal was unsuccessful.
- On 31 May 2023, the claimant was told her role would change with less than 24 hours' notice.
- She resigned on 20 July 2023, claiming constructive dismissal.
- The claimant has bipolar disorder and her manager allegedly called her 'so bipolar'.
Timeline
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Employment start
Claimant began work as a Care Assessment Officer.
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Grievance raised
Claimant raised a grievance about discrimination by her line manager.
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Grievance dismissed
The grievance was dismissed without speaking to two key witnesses.
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Role change notified
Claimant was told she would no longer oversee the Wolverhampton branch and would undertake non-complex care assessments, with less than 24 hours' notice.
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ACAS early conciliation started
Claimant contacted ACAS.
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ACAS certificate issued
Early conciliation certificate issued.
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Claim presented
Claimant presented her claim to the Employment Tribunal.
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Resignation
Claimant resigned by email, giving notice expiring 18 August 2023.
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Respondent applied for strike out
Respondent applied to strike out or for deposit orders.
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Further and better particulars
Claimant's solicitors provided further particulars, including a protected disclosure claim.
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Preliminary hearing
Employment Judge Maxwell heard the preliminary issues and granted permission to amend.
The legal issue
The tribunal had to decide whether the claimant could amend her claim to include protected disclosure detriment and automatic unfair dismissal, and whether any part of the claim should be struck out or made subject to a deposit order due to weak prospects.
The outcome
The tribunal allowed the claimant to amend her claim to include protected disclosure and automatic unfair dismissal claims. It refused the respondent's application to strike out any part of the claim or impose a deposit order.
Key reasons:
- The 'so bipolar' comment and the timing of the role change (one day after the grievance was dismissed) could amount to detriment for making a protected disclosure.
- The grievance itself, which raised concerns about discrimination, could be a qualifying disclosure in the public interest.
- The claims had sufficient merit to proceed to a full hearing.
No compensation was awarded at this preliminary stage.
Lessons & takeaways
- If you are subjected to a negative comment about your disability shortly after raising a grievance, that can strengthen a protected disclosure claim.
- A sudden, unexplained change to your role with minimal notice may be evidence of detriment or victimisation after whistleblowing.
- Even if your grievance is dismissed, the way it was handled (e.g., not speaking to key witnesses) can be part of a constructive dismissal claim.
- You can amend your claim to add new legal grounds if the facts were already mentioned in your original claim form.
What this case shows in practice
A care assessment officer who raised a grievance about discrimination by her line manager found herself facing a sudden role change the very next day. The manager had allegedly called her 'so bipolar' despite being asked to stop. The grievance was dismissed without speaking to two key witnesses who were off sick. The claimant resigned, arguing that the employer had destroyed the trust and confidence needed to continue working.
This preliminary hearing was not about whether the claims would succeed, but whether they were strong enough to proceed. The tribunal decided they were. The judge noted that the timing of events — the grievance, the role change, and the dismissal of the grievance — could support an inference that the employer was retaliating against the claimant for raising concerns.
What the employer could have done differently
The respondent argued that the role change was a temporary operational measure to clear a backlog, and that the 'so bipolar' comment was a one-off remark. But the tribunal was not convinced that the claims were hopeless. The employer could have avoided this outcome by conducting a more thorough grievance investigation — speaking to the witnesses the claimant identified — and by giving proper notice and explanation for any role changes, especially to an employee with a known disability.
Why this result matters
This case is a reminder that employment tribunals are reluctant to shut down claims at an early stage if there is any realistic prospect of success. For employees, it shows that even if you have already presented a claim, you may be allowed to add new legal arguments — such as protected disclosure — as long as the underlying facts were already there. For employers, it highlights the risks of making comments about an employee's disability and of making sudden changes to someone's role after they have raised a grievance.
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