Constructive dismissal after hostile return from sick leave: disability discrimination and harassment
A Commercial Manager who was shouted at and demeaned after returning from depression-related sick leave was constructively dismissed. The tribunal awarded £56,542 for unfair dismissal, disability discrimination and harassment.
2 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #disability-discrimination
- #harassment
- #mental-health
- #failure-to-support
- #hostile-environment
Key facts
- The claimant was absent from work due to depression and anxiety from 11 April to 9 May 2022.
- Upon return, the respondent's directors changed their attitude, shouting at her and demeaning her.
- The respondent accused the claimant of finding excuses to avoid work and refused to deliver equipment for home working.
- The claimant resigned on 24 July 2022 due to the hostile environment.
- The tribunal found the respondent knew of the claimant's disability before her absence.
Timeline
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Employment started
Claimant began working for the respondent as Commercial Administrator.
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Promotion to Commercial Manager
Claimant was promoted to Commercial Manager.
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Sickness absence began
Claimant was signed off work due to depression and anxiety.
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Return to work
Claimant returned to work after 8 weeks' absence; a return-to-work meeting was held.
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Shouting incident
Director Justin Ward shouted at the claimant in front of the office, causing her to leave in tears.
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Weight comments
Lee Taylor made repeated comments about the claimant's eating habits, causing distress.
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Performance meeting
Lee Taylor accused the claimant of finding excuses to avoid work; the claimant disputed the minutes.
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Signed off sick again
Claimant was signed off work due to depression and anxiety caused by work treatment.
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Resignation
Claimant resigned by email, citing the hostile environment and treatment after her return.
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Employment ended
Claimant's notice period ended.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed (forced to resign due to the employer's conduct) and whether the respondent discriminated against her and harassed her because of her disability (anxiety and depression).
The outcome
The tribunal upheld the claimant's complaints in full. It found that the respondent's directors and managers subjected her to a hostile environment after she returned from eight weeks' sick leave for depression and anxiety, including shouting at her in front of colleagues, making demeaning comments about her eating habits, and accusing her of finding excuses to avoid work. This conduct destroyed the mutual trust and confidence, making her resignation a constructive dismissal.
The compensation awarded was:
- Basic award: £846.24
- Compensatory award for unfair dismissal: £29,391.92 (including past and future loss of earnings, pension loss, and loss of statutory rights)
- Injury to feelings for discrimination and harassment: £24,000
- Interest on injury to feelings: £2,304
- Total: £56,542.06
Lessons & takeaways
- If you have a disability (including mental health conditions), your employer must not treat you unfavourably because of something arising from that disability, unless it can be justified.
- A pattern of shouting, demeaning comments, and refusal to make reasonable adjustments after a disability-related absence can amount to harassment and constructive dismissal.
- Resigning in response to a serious breach of trust and confidence can still succeed as a constructive dismissal claim even if you have less than two years' service, if discrimination is involved.
- Keep a detailed record of incidents, including dates, what was said, and who was present – this evidence is crucial in tribunal claims.
What this case shows in practice
This case illustrates how an employer's conduct after an employee returns from mental-health sick leave can cross the line into unlawful discrimination and constructive dismissal. The claimant, a Commercial Manager with two years' service, was signed off for eight weeks with depression and anxiety. When she returned, instead of support, she faced shouting from a director in front of the office, repeated comments about her eating habits from another manager, and accusations that she was making excuses to avoid work. The employer also refused to deliver equipment for home working, despite knowing about her condition.
The tribunal found that the respondent knew of the claimant's disability before her absence and that the treatment she received was both discrimination arising from disability and harassment related to disability. The cumulative effect of this conduct was a fundamental breach of the implied term of trust and confidence, entitling her to resign and claim constructive unfair dismissal.
What the losing side could have done differently
The respondent could have avoided liability by treating the claimant's return to work as a opportunity to support her recovery. Instead of shouting and demeaning her, they should have engaged with her about any reasonable adjustments needed, such as home working equipment or a phased return. A proper return-to-work meeting that addressed her health needs and set clear, supportive expectations would have preserved trust. The tribunal noted that the respondent's behaviour was entirely unreasonable given the circumstances.
Why the result matters for similar claims
This case is a reminder that mental health conditions like depression and anxiety are likely to be disabilities under the Equality Act 2010, especially if they have a substantial and long-term effect on daily life. Employers must not treat employees unfavourably because of something arising from that disability – such as a period of sick leave – unless they can show it is a proportionate means of achieving a legitimate aim. The award of £24,000 for injury to feelings reflects the seriousness of the harassment and discrimination. For employees, it shows that even with short service, a constructive dismissal claim can succeed if discrimination is involved, and that representing yourself in tribunal is possible with clear evidence.
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