Senior hairdresser with long COVID wins constructive dismissal case over part-time return refusal
A senior hairdresser with 12 years' service who resigned after her employer refused her GP-recommended phased return of two days a week has been awarded £13,699 for constructive unfair dismissal and failure to make reasonable adjustments.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant worked as a hairdresser for the respondent from 7 August 2007 until her resignation on 1 July 2020.
- In July 2017, the claimant changed from employee to self-employed status at her own request, but the tribunal later found she remained an employee.
- The claimant contracted COVID-19 in March 2020 and suffered long-term symptoms, leading to a disability finding.
- When the salon reopened after lockdown, the claimant's GP advised a phased return of 2 days per week for 4 weeks, but the respondent insisted on 1 or 4 days, leading to her resignation.
- The tribunal found the respondent failed to make reasonable adjustments and constructively dismissed the claimant.
- The claimant's employment did not transfer to the second respondent under TUPE as she resigned before the transfer date.
Timeline
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Started employment
Claimant began work as a senior stylist for Razors Edge Group Limited.
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Changed to self-employed status
Claimant began renting a chair in the salon, paying 45% of takings as rent, but continued working same hours under same control.
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Increased to 4 days per week
Claimant began working 4 days per week after completing a L'Oreal colour course, though she felt pressured to do so.
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UK lockdown began
Salon closed due to COVID-19 restrictions. Claimant developed COVID-19 symptoms.
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Return-to-work discussions
Claimant informed Mr Roberts that her GP advised a phased return of 2 days per week for 4 weeks.
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First resignation email
Claimant emailed Mr Roberts stating she would not return due to disagreement over hours.
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Resignation
Claimant sent a second email confirming resignation with immediate effect, citing the respondent's failure to accommodate her medical needs.
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Business transfer
The salon transferred from Razors Edge Group Limited to Mr Roberts (Manchester) Limited under TUPE.
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Employment status decision
Employment Judge Sharkett ruled that the claimant was an employee despite the self-employed arrangement.
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Disability and TUPE decision
Employment Judge Johnson found the claimant was disabled and her employment did not transfer.
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Liability judgment
Tribunal found constructive unfair dismissal, failure to make reasonable adjustments, and holiday pay claim succeeded in principle.
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Remedy hearing
Tribunal awarded £13,699.17 in total, including £6,000 for injury to feelings, subject to appeal.
The legal issue
The tribunal had to decide whether the employer's refusal to accommodate the claimant's GP-recommended phased return of two days per week constituted a fundamental breach of contract (constructive dismissal) and a failure to make reasonable adjustments for her disability (long COVID).
The outcome
The tribunal found that the claimant was constructively unfairly dismissed and that the respondent failed to make reasonable adjustments for her disability. The claimant's employment did not transfer under TUPE because she resigned before the transfer date.
Compensation awarded:
- Basic award: £3,851.52
- Compensatory award: £641.92
- Injury to feelings: £6,000
- Holiday pay: £1,205.73
- Total: £13,699.17
Lessons & takeaways
- Employers should engage with GP advice on phased returns and consider flexible options rather than insisting on rigid patterns.
- Long COVID can be a disability under the Equality Act 2010, triggering a duty to make reasonable adjustments.
- Constructive dismissal claims require a fundamental breach of contract; refusing a reasonable adjustment can be such a breach.
- Changing an employee's status to self-employed does not automatically end their employment rights if the reality of the working relationship remains the same.
- Resigning before a TUPE transfer can prevent the employee from transferring to the new employer.
A breakdown in communication over a phased return
This case highlights the importance of listening to medical advice when an employee returns from long-term sickness. The claimant, a senior hairdresser with 12 years of service, contracted COVID-19 in March 2020 and suffered from long COVID. When the salon reopened, her GP recommended a phased return of two days per week for four weeks. The employer, Razors Edge Group Limited, insisted she could only return on either one or four days a week, rejecting the middle ground. Feeling unsupported, the claimant resigned.
The tribunal found that the employer's rigid stance was a fundamental breach of contract, amounting to constructive dismissal. It also ruled that the employer failed to make reasonable adjustments for her disability. The case serves as a reminder that reasonable adjustments are not just about physical changes to the workplace; they can include flexible working patterns to accommodate health needs.
What the employer could have done differently
The employer could have accepted the GP's advice and allowed a two-day phased return. Even if they had concerns about business needs, they should have engaged in a dialogue with the claimant and sought occupational health input. Instead, they presented a take-it-or-leave-it choice, which the tribunal saw as unreasonable.
Why this matters for similar claims
This case is notable because it confirms that long COVID can be a disability, and that employers must consider flexible phased returns as a reasonable adjustment. It also shows that changing an employee's status to self-employed does not automatically remove their employment rights if the underlying relationship remains one of employment. For employees in similar situations, the key takeaway is to seek medical evidence and communicate clearly with your employer about your needs. If the employer refuses to engage, a constructive dismissal claim may succeed.
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