Administrative Officer's constructive dismissal claim over trigger words and phone policy rejected
An Administrative Officer who resigned after just seven weeks with the Ministry of Justice lost her claims of constructive unfair dismissal and disability discrimination. The tribunal found her employer had acted reasonably throughout.
1 min read · Last updated 19 May 2026
Case details
- #disability-discrimination
- #constructive-unfair-dismissal
- #reasonable-adjustments
- #harassment
- #trigger-words
- #mobile-phone-policy
- #car-parking
Key facts
- The claimant started work as an Administrative Officer on 1 November 2022 and resigned on 23 December 2022.
- The claimant had disabilities including hearing loss, mobility issues, PTSD, and long covid.
- The respondent accepted the claimant was disabled but denied discrimination or breach of contract.
- The tribunal preferred the evidence of the respondent's witnesses over the claimant's on key disputed facts.
- The claimant's complaints of failure to make reasonable adjustments, harassment, and constructive unfair dismissal were all dismissed.
Timeline
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Interview
The claimant was interviewed for an Administrative Officer role by Mrs Evison.
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Employment commenced
The claimant started work as an Administrative Officer for the Ministry of Justice.
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Initial MoJ WAP emailed
The claimant emailed a draft Workplace Adjustments Passport to Mrs Evison, mentioning a special chair and noise cancelling headset but not PTSD or hearing aid phone app.
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DWP WAP provided
The claimant emailed the DWP Workplace Adjustments Passport and WRAP to Mrs Evison, which included trigger words to avoid.
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Mobile phone incident
Mrs Evison asked the claimant to put her mobile phone away; the claimant later said this prevented her from controlling her hearing aids.
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Meeting with Mrs Bucknall
Mrs Bucknall met the claimant to discuss completing a WAP; parking and phone issues were discussed.
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WAP meeting and parking allocation
The claimant and Mrs Evison met to discuss the WAP; the claimant selected parking bay 67.
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Emails and meeting leading to resignation
Mrs Evison sent emails with trigger words; a meeting with Mr Plaisted occurred; the claimant resigned via email.
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Disability leave agreed
Mrs Evison informed the claimant that disability leave would be provided for ENO appointments.
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Employment ended
The claimant's resignation with notice took effect.
The legal issue
The tribunal had to decide whether the Ministry of Justice failed to make reasonable adjustments for the claimant's disabilities, harassed her, or constructively dismissed her by breaching the implied term of trust and confidence.
The outcome
The tribunal dismissed all claims. It preferred the evidence of the respondent's witnesses over the claimant's on key disputed facts.
Key reasons:
- The respondent had offered reasonable adjustments including disability leave for medical appointments, a designated parking bay, and a noise-cancelling headset.
- The mobile phone policy was applied consistently and the claimant was allowed to use her phone for hearing aid control.
- The use of 'trigger words' in emails was not deliberate or discriminatory; the respondent had not been made aware of the specific words to avoid.
- The claimant resigned of her own accord; there was no fundamental breach of contract by the respondent.
Lessons & takeaways
- Employees should clearly communicate specific reasonable adjustment needs, including any trigger words to avoid, to their employer in writing.
- A short period of employment (here, just seven weeks) can make it harder to prove a fundamental breach of trust and confidence.
- Employers who act promptly to offer adjustments and follow their policies are likely to defend constructive dismissal claims successfully.
- Tribunals will assess witness credibility carefully; inconsistent or unsupported evidence from the claimant can weaken their case.
This case shows how quickly a working relationship can break down when communication gaps exist, but also that tribunals will scrutinise claims carefully against the evidence. The claimant, an Administrative Officer with multiple disabilities, resigned after only seven weeks, alleging that the Ministry of Justice had failed to make reasonable adjustments and had harassed her.
What the tribunal found
The tribunal preferred the evidence of the respondent's managers. It found that the respondent had offered reasonable adjustments: disability leave for medical appointments, a designated parking bay, and a noise-cancelling headset. The mobile phone policy was not applied inflexibly — the claimant was allowed to use her phone to control her hearing aids. The use of 'trigger words' in emails was not deliberate; the claimant had not specified which words to avoid.
What went wrong for the claimant
The claimant's case was undermined by inconsistencies in her evidence and a lack of contemporaneous documentation supporting her version of events. The tribunal noted that she had not raised many of her concerns at the time, and that the respondent's witnesses gave more credible accounts. The short length of her employment also made it harder to establish a fundamental breach of the employment contract.
Why this matters
For employees, this case highlights the importance of clearly communicating specific adjustment needs and raising concerns promptly. For employers, it demonstrates that acting in good faith, offering adjustments, and documenting decisions can provide a strong defence against discrimination and constructive dismissal claims.
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