Handyman loses constructive dismissal claim over ADHD adjustments
A handyman with ADHD resigned claiming constructive dismissal after alleged bullying and failure to make adjustments. The tribunal found no fundamental breach of trust and confidence, and the claim failed.
1 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #adhd
- #reasonable-adjustments
- #neurodiversity-training
- #workplace-buddy
- #lexxic-assessment
- #cleaning-duties
Key facts
- The claimant was employed as a handyman and had more than two years' continuous service.
- The claimant resigned on 31 August 2022, claiming constructive dismissal.
- The respondent conceded that if there was a dismissal, it would be unfair.
- The tribunal found none of the alleged incidents amounted to a fundamental breach of contract.
- The claimant's resignation was not a constructive dismissal, so the unfair dismissal claim failed.
Timeline
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Curtain comment
Ms Grundy commented about disposing of curtains; claimant felt it was condescending.
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Painting email
Ms Grundy emailed claimant about a painting job; claimant felt it should be done by specialists.
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Cherry picker and alley gate incidents
Disagreements about a cherry picker and an alley gate; claimant felt Ms Grundy was aggressive.
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Lexxic report received
The respondent received a workplace assessment report from Lexxic recommending adjustments for the claimant's ADHD.
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Workplace buddy appointed
A workplace buddy was assigned to the claimant, which he later praised as effective.
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Claimant decided to resign
The claimant made the decision to resign, citing various alleged breaches of trust and confidence.
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Stress risk assessment meeting
A stress risk assessment was conducted; handwritten notes were not provided to the claimant before his resignation.
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Claimant resigned
The claimant resigned from his employment.
The legal issue
The tribunal had to decide whether the handyman's resignation was a constructive dismissal – that is, whether his employer's conduct was so serious that it fundamentally broke the trust and confidence in the employment relationship.
The outcome
The tribunal dismissed the claim of constructive unfair dismissal.
- The handyman resigned on 31 August 2022, claiming that a series of incidents – including a comment about curtains, disagreements over work tasks, and alleged failures to implement ADHD adjustments – destroyed trust and confidence.
- The tribunal found that none of the incidents, viewed individually or together, amounted to a fundamental breach of contract. The employer had appointed a workplace buddy and received a Lexxic assessment, which showed it was taking steps to support the handyman.
- Because there was no dismissal, the unfair dismissal claim failed. No compensation was awarded.
Lessons & takeaways
- For a constructive dismissal claim to succeed, you must show that your employer's conduct was a fundamental breach of contract – simply being treated unreasonably is not enough.
- If you have a disability such as ADHD, your employer must make reasonable adjustments, but you should give them a chance to implement them before resigning.
- Resigning in response to a series of minor incidents over a long period may not be seen as a response to a single 'last straw' – the tribunal will look at the overall picture.
- If you continue working after an alleged breach without complaining, you may be seen as accepting the situation and losing the right to claim constructive dismissal.
When is a resignation a constructive dismissal?
This case shows the high bar that employees must clear to succeed in a constructive dismissal claim. The handyman, who had ADHD, resigned after a series of disagreements with his manager and concerns that his employer was not making adequate adjustments. But the tribunal found that his employer's conduct, while perhaps imperfect, did not go far enough to destroy the trust and confidence at the heart of the employment relationship.
What the employer did right
The employer, HMS Maintenance Solutions Limited, had taken steps to support the handyman after a workplace assessment by Lexxic recommended adjustments. It appointed a workplace buddy – a measure the handyman himself later praised as effective. The tribunal noted that the employer was 'actively engaging' with the recommendations. This undercut the handyman's claim that the employer had fundamentally breached its duty of trust and confidence.
What the employee could have done differently
The handyman relied on a series of incidents spanning over a year, including a comment about curtains and disagreements over work tasks. But the tribunal found that none of these, even taken together, amounted to a fundamental breach. The handyman had also continued working after each incident, which suggested he had not treated them as repudiatory at the time. If the handyman felt the employer was not implementing adjustments quickly enough, he could have raised a formal grievance or sought an earlier meeting to discuss his concerns, rather than resigning and claiming constructive dismissal.
Why this matters
This case is a reminder that constructive dismissal claims are not easy to win. The employee must show that the employer's conduct was so serious that it went to the root of the contract. Unreasonable behaviour alone is not enough. For employees with disabilities, the key is to give the employer a reasonable opportunity to make adjustments and to raise concerns formally before deciding to resign.
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