Operations manager with asthma placed on short-time work during lockdown: constructive dismissal and disability discrimination

This case highlights the risks employers face when responding to an employee's health and safety concerns, particularly during a crisis like the COVID-19 pandemic. The claimant, an operations manager with asthma, was placed on short-time work of just eight hours per week days after she requested to work from home due to her vulnerability. The tribunal found that this was not a neutral business decision but a reaction to her raising health and safety issues and her disability.

What the employer could have done differently

The respondent could have engaged with the claimant's concerns, considered alternative arrangements such as full-time home working, and explored whether her health and safety role could be performed remotely. Instead, they imposed a drastic reduction in hours without proper consultation, which the tribunal saw as a fundamental breach of trust and confidence. The respondent also issued a formal warning for submitting timesheets indicating availability, further undermining the relationship.

Why this result matters

This decision confirms that employees with less than two years' service are not left without protection if they are dismissed for raising health and safety concerns or because of disability. The tribunal applied the automatic unfair dismissal provisions under section 100 of the Employment Rights Act 1996, which do not require a qualifying period. It also serves as a reminder that disability discrimination claims can succeed even in the early stages of employment, and that employers must take reasonable steps to avoid putting disabled employees at a disadvantage.