Constructive dismissal and disability discrimination upheld against Mazars LLP
A former employee won claims of constructive unfair dismissal and disability discrimination against Mazars LLP after the firm failed to make reasonable adjustments and subjected him to harassment.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed by the respondent as a former employee.
- The claimant resigned and claimed constructive unfair dismissal.
- The claimant had a disability for the purposes of the Equality Act 2010.
- The respondent failed to make reasonable adjustments as required.
- The claimant was subjected to harassment related to disability.
- The tribunal upheld the constructive unfair dismissal claim and some discrimination claims.
Timeline
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Claimant's application for specific disclosure
The claimant made an application for specific disclosure and an unless order, which led to a costs order against the respondent.
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Costs order made
Employment Judge Jones ordered the respondent to pay the claimant's costs of the application on summary assessment.
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Hearing on costs assessment
A hearing took place where it was noted that the assessment of costs had not yet occurred.
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Costs judgment
Employment Judge Crosfill summarily assessed costs at £3,630.00.
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Substantive hearing begins
The main hearing of the claimant's claims commenced, lasting multiple days.
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Judgment on liability
Employment Judge Volkmer issued the judgment upholding constructive unfair dismissal and some disability discrimination claims.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed, whether Mazars LLP directly discriminated against him due to disability, whether there was discrimination arising from disability, whether the firm failed to make reasonable adjustments, whether there was harassment related to disability, and whether the claimant was victimised.
The outcome
The tribunal upheld the claimant's constructive unfair dismissal claim and some of his disability discrimination claims, including failure to make reasonable adjustments and harassment related to disability. The claims of direct discrimination and victimisation were dismissed.
Compensation will be determined at a later hearing. The tribunal also previously ordered Mazars LLP to pay £3,630 in costs for failing to comply with disclosure orders.
Lessons & takeaways
- Employers must take reasonable steps to adjust working conditions for disabled employees; failure to do so can lead to discrimination claims.
- Harassment related to disability can include unwanted conduct that creates an intimidating or humiliating environment.
- Constructive dismissal claims can succeed if an employer's conduct fundamentally breaches the employment contract, forcing the employee to resign.
- Non-compliance with tribunal disclosure orders can result in costs orders against the employer.
This case highlights the importance of employers fulfilling their duty to make reasonable adjustments for disabled employees and preventing harassment. The former employee resigned and brought claims of constructive unfair dismissal and disability discrimination after Mazars LLP failed to accommodate his disability and subjected him to harassment.
What the tribunal found
The tribunal upheld the constructive unfair dismissal claim, meaning the employer's conduct was so serious that it fundamentally breached the employment contract, forcing the employee to resign. It also found that Mazars LLP failed to make reasonable adjustments and subjected the employee to harassment related to his disability. However, claims of direct discrimination and victimisation were dismissed.
What could have been done differently
Mazars LLP could have avoided these claims by engaging with the employee's needs and making appropriate adjustments. A proactive approach to disability inclusion and addressing any harassing behaviour promptly would have reduced the risk of tribunal claims. The firm's failure to comply with disclosure orders also led to a costs order of £3,630.
Why this matters
This case serves as a reminder that employers must take disability discrimination seriously. Reasonable adjustments are not optional, and harassment must be prevented. Employees who feel forced to resign due to their employer's conduct may have a claim for constructive dismissal, especially if discrimination is involved. The outcome reinforces that tribunals will scrutinise employer behaviour and hold them accountable for breaches of equality law.
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