Estate agent with Crohn's disease wins constructive dismissal and disability discrimination claim
An estate agent with Crohn's disease was constructively dismissed and discriminated against after her employer sidelined her due to her disability. The tribunal awarded £46,652.74.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant resigned due to the respondent's repudiatory breach of contract.
- The claimant suffered from Crohn's disease, a disability.
- The respondent knew of the claimant's disability and used it to sideline her.
- The claimant was constructively unfairly dismissed.
- The claimant was discriminated against because of her disability under sections 13 and 15 of the Equality Act 2010.
- The sex discrimination and unlawful deductions claims were dismissed.
Timeline
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Discrimination occurred
The date taken as the date of discrimination for interest calculation.
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Claimant resigned
The claimant resigned, accepting the respondent's repudiatory breach of contract.
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End of compensation period
The claimant sought compensation only up to this date.
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Hearing day 1
First day of the substantive hearing.
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Hearing day 2
Second day of the substantive hearing.
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Hearing day 3
Third day of the substantive hearing.
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Hearing day 4
Fourth day of the substantive hearing.
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Judgment and remedy decision
The Tribunal handed down its decision and remedy.
The legal issue
The tribunal had to decide whether the employee was constructively unfairly dismissed and whether she was discriminated against because of her disability (Crohn's disease). It also determined the appropriate compensation.
The outcome
The tribunal upheld claims of constructive unfair dismissal and disability discrimination (both direct and arising from disability). The sex discrimination and unlawful deductions claims were dismissed.
Compensation breakdown:
- Basic award: £2,569.50
- Compensatory award for unfair dismissal: £13,481.16 (subject to 20% Polkey reduction and 10% contributory fault deduction)
- Injury to feelings (Vento award): £30,000
- Loss of statutory protection: £400
- Interest: £202.08
- Total: £46,652.74
Lessons & takeaways
- Employers should not use an employee's disability as a reason to sideline them or treat them less favourably.
- Constructive dismissal can arise when an employer's conduct amounts to a repudiatory breach of contract, forcing the employee to resign.
- Polkey and contributory fault deductions apply only to the compensatory award for unfair dismissal, not to discrimination awards.
- Injury to feelings awards can be substantial even without direct medical evidence of impact, if the tribunal infers detriment from the circumstances.
What this case shows in practice
This case highlights the risks employers face when they treat a disabled employee unfavourably because of their condition. The employee, an estate agent with Crohn's disease, was sidelined by her employer after they became aware of her disability. She eventually resigned, claiming constructive dismissal and discrimination.
The tribunal found that the employer's actions amounted to a repudiatory breach of contract, making the resignation a constructive dismissal. It also found direct discrimination and discrimination arising from disability under the Equality Act 2010.
What the employer could have done differently
The employer could have avoided liability by supporting the employee's return to work and making reasonable adjustments, rather than using her disability as a reason to sideline her. They should have engaged with her medical needs and not treated her less favourably.
Why the result matters
This case confirms that employees with long-term health conditions are protected from being sidelined or dismissed because of their disability. The substantial award, including £30,000 for injury to feelings, reflects the serious impact such treatment can have. It also clarifies that Polkey and contributory fault deductions apply only to unfair dismissal compensation, not to discrimination awards.
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