Beauty course teacher with cluster headaches loses unfair dismissal claim after resigning
A teacher who resigned after just three months' service failed to prove she was dismissed. The tribunal found she quit voluntarily, and her disability discrimination claims did not succeed.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was engaged as a teacher for beauty courses on Wednesdays and Saturdays from 15 May 2019.
- The claimant has chronic cluster headaches, a disability accepted by the respondent.
- The claimant resigned on 22 June 2019 by telling Miss Stephanie Pace she quit.
- The claimant did not have an express dismissal; she resigned voluntarily.
- The claimant's unfair dismissal claim failed due to insufficient qualifying service.
- The deduction of wages claim was out of time.
Timeline
-
Claimant alleges employment start date
The claimant says she started work as an employee on 22 March 2019, but the respondent contends it was 15 May 2019.
-
First course begins
The first beauty course began, and the claimant started teaching on Wednesdays and Saturdays.
-
Cluster headache attack at work
The claimant experienced a cluster headache, left the training room, injected herself in the toilet, and went to her car for oxygen.
-
Claimant informs respondent of disability
In a text conversation, the claimant told Miss C Pace about her cluster headaches and disability.
-
Claimant resigns then retracts
The claimant texted 'I'm done go find some other mug to run your shop' but later agreed to meet and continue working.
-
Claimant says she informed students
The claimant texted Miss Pace that she had told students about her condition, though the tribunal found this unlikely.
-
Final incident and resignation
The claimant became frustrated with students, shouted at Mrs Stubbs, then told Miss Stephanie Pace she quit and left.
-
Respondent refuses to allow retraction
Miss C Pace texted the claimant not to come in, treating her resignation as final.
-
Claim presented to tribunal
The claimant presented her claim, which was out of time for the wages claim (deadline 3 September 2019).
The legal issue
The tribunal had to decide whether the claimant was dismissed or resigned, and whether the respondent failed to make reasonable adjustments or harassed her due to her disability (cluster headaches).
The outcome
The tribunal dismissed all claims.
- The unfair dismissal claim failed because the claimant had less than two years' service (required under s.108 Employment Rights Act 1996).
- The deduction of wages claim was out of time – presented after the three-month deadline.
- The disability discrimination claims (failure to make reasonable adjustments, harassment, discrimination arising from disability) failed because the claimant was not dismissed and the respondent had made adjustments during the hearing.
No compensation was awarded.
Lessons & takeaways
- Employees with less than two years' service generally cannot claim unfair dismissal unless the reason is automatically unfair (e.g., discrimination).
- Resigning in the heat of the moment may be treated as a voluntary resignation; retracting it later does not guarantee reinstatement.
- Disability discrimination claims often require a dismissal or other detriment – simply resigning may not be enough to succeed.
- Claims for unauthorised deductions from wages must be brought within three months of the deduction; missing this deadline is fatal.
This case shows how quickly a working relationship can unravel when health issues and misunderstandings collide. The claimant, a beauty course teacher, suffered from cluster headaches – a recognised disability. After a series of incidents, she told her manager she quit and left. The respondent treated this as a resignation and refused to let her return.
Why the claims failed
The tribunal found that the claimant resigned voluntarily on 22 June 2019. There was no dismissal. Because she had worked for only about three months, she did not have the two years' continuous service needed to bring an ordinary unfair dismissal claim. Her claim for unauthorised deductions from wages was also out of time – she should have presented it by 3 September 2019 but did not do so until 13 October 2019.
The disability discrimination claims – including failure to make reasonable adjustments and harassment – also failed. The tribunal noted that the respondent had accepted her disability and made adjustments during the tribunal hearing itself. Crucially, the claimant had not been dismissed or subjected to any other detriment; she had chosen to leave.
What could have been done differently?
The respondent might have handled the situation more sensitively by exploring whether the claimant's resignation was genuine or made in distress. However, the tribunal accepted that the respondent's refusal to allow her to retract the resignation was reasonable in the circumstances.
For employees, this case is a reminder that resigning impulsively can have lasting consequences, especially when you have limited service. For employers, it highlights the importance of clear communication and considering whether a resignation is truly voluntary, particularly where a disability may be a factor.
Similar cases
Dental nurse's constructive dismissal and discrimination claims rejected by tribunal
A dental nurse who resigned after securing another job failed to prove she was constructively dismissed or that her employer discriminated against her. All claims were dismissed.
Warehouse operative with 9 years' service dismissed for long-term incapability: employer's process found fair
A Leeds tribunal dismissed claims of unfair dismissal and disability discrimination brought by a warehouse operative with chronic back pain, finding that the employer's consultation and medical evidence were reasonable.
Bus driver with Crohn's disease awarded £25,000 after employer failed to provide suitable shifts
A bus driver with over 30 years' service was awarded £25,000 after his employer repeatedly allocated shifts that did not meet his disability-related needs, causing him to soil himself at work.
Administrative Officer's constructive dismissal claim over trigger words and phone policy rejected
An Administrative Officer who resigned after just seven weeks with the Ministry of Justice lost her claims of constructive unfair dismissal and disability discrimination. The tribunal found her employer had acted reasonably throughout.