Pharmacy technician's constructive dismissal claim fails after not sharing adjustment passport with new employer
A pharmacy dispensary technician with fibromyalgia and other conditions lost her constructive unfair dismissal and disability discrimination claims after the tribunal found she did not share her adjustment passport with her new employer following a TUPE transfer.
1 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #disability-discrimination
- #reasonable-adjustments
- #adjustment-passport
- #tupe-transfer
- #fibromyalgia
- #endometriosis
Key facts
- The claimant was a Pharmacy Dispensary Technician employed by Lloyds Pharmacy and then JCL UK Limited following a TUPE transfer on 1 February 2022.
- The claimant had an Adjustment Passport dated 31 January 2022 listing five adjustments, but she did not share it with her new line managers or colleagues.
- On 16 March 2022, the claimant had a meeting with the second and third respondents; the tribunal preferred the respondents' account of the meeting over the claimant's.
- On 7 April 2022, the claimant was told she would be moved to the London Road branch for training; she left work early and did not return.
- The claimant resigned on 20 June 2022, effective 6 July 2022, claiming constructive unfair dismissal and disability discrimination.
- The tribunal dismissed all claims, finding no breach of contract or discrimination.
Timeline
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Claimant started work at Lloyds Pharmacy
Claimant began employment as a Healthcare Partner at Lloyds Pharmacy.
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Adjustment Passport signed
Lloyds Pharmacy signed an Adjustment Passport for the claimant, listing five adjustments.
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TUPE transfer to JCL UK Limited
The claimant's employment transferred to JCL UK Limited under TUPE regulations.
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Return from annual leave and task change
Prin Suksom told the claimant she would no longer work on NOMADS and would swap tasks with Leanne Maganzini.
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Meeting with second and third respondents
The claimant had a meeting with Mr B Laly and Mrs P Laly; the tribunal found the respondents' account of the meeting to be accurate.
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Refusal of accompaniment to meeting
The second respondent refused the claimant's request to be accompanied by a work colleague to an informal meeting.
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Meeting and announcement of transfer
The second respondent told the claimant she would be moved to the London Road branch for training; the claimant left work early and did not return.
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Claimant signed off sick
The claimant was signed off as unfit for work and did not return.
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Claimant resigned
The claimant resigned, effective 6 July 2022, citing constructive dismissal.
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Judgment issued
The tribunal dismissed all claims, finding no discrimination or constructive dismissal.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed and whether the respondent failed to make reasonable adjustments, harassed, directly discriminated, or discriminated against her arising from her disability.
The outcome
The tribunal dismissed all claims, including constructive unfair dismissal and disability discrimination.
The key reason was that the claimant had an Adjustment Passport listing five adjustments but did not share it with her new managers after the TUPE transfer. The tribunal preferred the employer's account of meetings and found no breach of the implied term of trust and confidence.
No compensation was awarded as all claims failed.
Lessons & takeaways
- If you have an adjustment passport or similar document, make sure to share it with your new employer after a TUPE transfer.
- Constructive dismissal requires a fundamental breach of contract; a disagreement about tasks or a transfer may not be enough.
- Keep a clear record of any requests for adjustments and the employer's responses to support your case.
- The tribunal will consider the employer's perspective and may prefer their account if it is more consistent and credible.
What this case shows in practice
This case highlights the importance of communication when an employee with disabilities transfers to a new employer under TUPE. The claimant had an Adjustment Passport from her previous employer, Lloyds Pharmacy, listing five adjustments such as a set work pattern and support with lifting. However, she did not share this document with her new line managers at JCL UK Limited after the transfer. The tribunal found that the employer could not be expected to make adjustments they did not know about.
The claimant resigned after being told she would be moved to a different branch for training, claiming this was a breach of trust and confidence. However, the tribunal preferred the employer's account of the meeting and found no fundamental breach. The move was for training, not a permanent change, and the employer had legitimate operational reasons.
What the losing side could have done differently
The claimant could have shared her Adjustment Passport with her new managers at the earliest opportunity. She also could have raised her concerns about the proposed transfer formally before resigning. The tribunal noted that the employer had offered to discuss the move further, but the claimant left work early and did not return. Resigning without giving the employer a chance to address her concerns weakened her claim.
Why this result matters for similar claims
This case serves as a reminder that employees who rely on reasonable adjustments must actively communicate their needs to their employer. A document from a previous employer is not automatically transferred knowledge. Additionally, constructive dismissal claims require a clear breach of contract; disagreements about work arrangements or temporary changes may not meet that threshold. Employees should consider raising grievances or seeking advice before resigning.
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