Customer service manager overlooked for hours due to disability: constructive dismissal succeeds

When a promise of more hours turns into discrimination

This case shows how a seemingly straightforward change in working hours can spiral into a discrimination claim. The claimant, a Customer Service Manager with six years' service, agreed to reduce her hours from 30 to 17 per week when her shop closed, on the understanding that more hours would become available. Instead, she was consistently overlooked for overtime and her requests for increased contractual hours were ignored.

Meanwhile, a colleague with less service and no disability was given a 30-hour contract at the same shop. The tribunal found that the real reason for this disparity was the respondent's perception that the claimant was inflexible because of her disability — a classic case of 'discrimination by perception'.

What the employer could have done differently

Ladbrokes had an occupational health report recommending flexible working and noting the claimant's desire to increase her hours. Yet the respondent took no action. When the claimant raised complaints, they were not properly investigated. The tribunal noted that a key manager who could have explained the decision was not called as a witness, and no adequate explanation was given for his absence.

A fair process would have involved considering the claimant's requests alongside those of other staff, documenting the reasons for any decisions, and addressing her complaints promptly. Instead, the claimant was left feeling that her disability was being held against her.

Why this matters for similar claims

This case is a reminder that direct discrimination does not require overt hostility — it can arise from well-meaning but misguided assumptions about what a disabled person can or cannot do. It also illustrates that constructive unfair dismissal can succeed where an employer's conduct, taken as a whole, destroys the trust and confidence essential to the employment relationship.

For employees in similar situations, the key is to document every request and response, and to raise grievances formally. For employers, the lesson is clear: treat each employee as an individual, and never let assumptions about disability drive decisions about opportunities.