HGV driver with 21 years' service wins constructive dismissal and disability discrimination claim against Asda
An HGV driver who resigned after Asda placed him in a capability process and failed to handle his grievance has been awarded over £163,000 for constructive unfair dismissal and disability discrimination.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as an HGV driver from 9 March 2001 until he resigned on 15 March 2022.
- He was diagnosed with Parsonage Turner Syndrome in March 2018, causing permanent restrictions in his right arm and shoulder.
- The respondent repeatedly allocated the claimant to delivery duties outside his agreed restrictions, requiring him to disclose his disability to colleagues.
- The claimant was placed on a capability process and told he could be summarily dismissed if he could not return to full duties.
- The respondent failed to properly handle the claimant's grievance, including telling him he could not grieve the process and applying the wrong procedure.
- The claimant resigned after the respondent failed to progress his grievance, which he considered the final straw.
Timeline
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Onset of symptoms
The claimant developed significant pain and limited movement in his right shoulder and arm.
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Diagnosis of Parsonage Turner Syndrome
The claimant was diagnosed with Parsonage Turner Syndrome by consultant Mr Kulkarni.
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Return to work with restrictions
The claimant returned to work after long-term absence with agreed restrictions, including no cage stores, no curtains, and use of electric PPT.
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Coryton incident
The claimant was refused use of an electric PPT at a store and a colleague made derogatory comments about his disability.
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Informed of capability meeting in open office
Ms Price told the claimant in a busy transport office that he had an upcoming stage one capability meeting, which he believed could be overheard by colleagues.
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Stage one capability meeting
The claimant was told he may lose his job if he could not provide a date to return to full duties, and was asked if he was 'registered disabled'.
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Claimant submitted formal grievance
The claimant submitted a formal grievance complaining about the capability process and discrimination.
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Grievance meeting with Mr King
Mr King told the claimant he could not raise a grievance about the process, only about the manager.
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Claimant resigned
The claimant resigned with two weeks' notice, citing the respondent's conduct as the reason.
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Effective date of termination
The claimant's employment ended.
The legal issue
The tribunal had to decide whether the driver was disabled under the Equality Act 2010, whether Asda's actions forced him to resign (constructive unfair dismissal), and whether those actions amounted to disability discrimination.
The outcome
The tribunal upheld the driver's claims for constructive unfair dismissal, direct disability discrimination, discrimination arising from disability, and harassment related to disability. However, the claims for failure to make reasonable adjustments and victimisation were dismissed.
Compensation breakdown:
- Basic award: £13,328
- Compensatory award: £69,883.70
- Total: £163,485.48 (including other elements not specified)
Lessons & takeaways
- Employers must respect agreed workplace restrictions for disabled employees and not allocate tasks outside those limits.
- A capability process must be handled sensitively and confidentially, especially when the employee has a long-term disability.
- Grievances must be properly considered; telling an employee they cannot grieve a process can be a fundamental breach of contract.
- Length of service (here 21 years) is a key factor in assessing whether the employer's response was reasonable.
A breakdown of trust after 21 years
This case shows how a long-serving employee can be pushed to resign when an employer fails to accommodate a disability and mishandles the resulting complaints. The driver, who had worked for Asda since 2001, developed Parsonage Turner Syndrome in 2018, leaving him with permanent restrictions in his right arm and shoulder. Despite agreeing to modified duties, he was repeatedly assigned tasks outside those limits, forcing him to disclose his condition to colleagues.
What went wrong for Asda
The tribunal found several critical failures. First, Asda placed the driver on a capability process and told him he could be summarily dismissed if he could not return to full duties. This was done in an open office where colleagues could overhear. Second, when the driver raised a formal grievance, the manager handling it told him he could not grieve the process itself – only the manager's conduct. The grievance was then left unresolved, which the driver considered the final straw, leading him to resign.
Why this result matters
The award of over £163,000 reflects the seriousness of the breaches. The tribunal found that Asda's actions amounted to constructive unfair dismissal because they fundamentally undermined the trust and confidence required in the employment relationship. The driver's disability discrimination claims also succeeded, showing that employers must take reasonable steps to avoid putting disabled employees at a disadvantage. For employees in similar situations, this case highlights the importance of documenting breaches and ensuring grievances are properly addressed before resigning.
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