Bus driver with DVT wins constructive dismissal claim after Stagecoach ignored adjustments
A bus driver with deep vein thrombosis was constructively dismissed after Stagecoach failed to implement occupational health recommendations for shorter routes and breaks. The tribunal awarded £38,794.56.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #constructive-dismissal
- #failure-to-make-reasonable-adjustments
- #disability-related-harassment
- #deep-vein-thrombosis
- #post-thrombotic-syndrome
- #acas-code-uplift
Key facts
- The claimant had deep vein thrombosis (DVT) and post-thrombotic syndrome, causing pain when driving long or bumpy routes.
- Occupational health recommended adjustments including shorter routes and regular breaks, but the respondent did not implement them.
- The claimant was required to drive unsuitable routes after returning from furlough, causing pain and distress.
- The respondent ignored the claimant's requests for a meeting to discuss adjustments and sent a message that the matter would be left for another manager.
- After the claimant's solicitor requested no direct contact due to ill health, the respondent continued to send letters and threatened disciplinary action.
- The claimant resigned via her solicitor on 21 October 2020, claiming constructive dismissal.
Timeline
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Started employment
Claimant began working as a bus driver for Stagecoach Group Plc.
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Hospitalised with DVT
Claimant was hospitalised with pneumonia, pulmonary emboli and DVT.
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First OH report
Occupational health recommended adjustments including micro-breaks every 30 minutes.
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Second OH report
Recommended 8-hour days, shortest routes, and no more than 2 hours driving without a break.
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Third OH report
Recommended adjusted shifts for 8 weeks, then gradual return to normal duties.
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Forced to drive double 10 route
Claimant was required to drive two long routes despite expressing pain; controllers were unsupportive.
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Fourth OH assessment
OH recommended meeting to discuss specific routes and adjustments for the foreseeable future.
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Return from furlough
Claimant returned to work but was given unsuitable routes without adjustments.
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Ms Buckley reluctant to swap route
Claimant asked for a route swap due to pain; Ms Buckley agreed reluctantly and said 'I'm not making a habit of it'.
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Staff report submitted
Claimant requested a meeting to discuss OH recommendations and lack of support.
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Turned away at hatch
Claimant tried to speak to Mr Spratt but was told he was leaving it for Mr Loftus.
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Sick leave begins
Claimant left work early and was signed off with a lung problem, later stress and depression.
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Grievance allocated to Mr Loftus
Claimant's grievance was initially allocated to Mr Loftus, whom she considered an aggressor; later reassigned.
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Solicitor requests no direct contact
Claimant's solicitor asked respondent to communicate via solicitor due to claimant's ill health.
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Resignation
Claimant resigned via solicitor's letter, citing constructive dismissal.
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ACAS early conciliation started
Claimant contacted ACAS to begin early conciliation.
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Claim presented to tribunal
Claimant submitted her claim to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed, whether the respondent failed to make reasonable adjustments for her disability, and whether she was subjected to disability-related harassment.
The outcome
The tribunal upheld the claims of constructive unfair dismissal, failure to make reasonable adjustments, and disability-related harassment. The direct discrimination claim was dismissed.
Compensation:
- Basic award: £1,569.75
- Total damages: £38,794.56 (including compensatory award and other elements)
Lessons & takeaways
- Employers must implement occupational health recommendations promptly, or risk being found in breach of the duty to make reasonable adjustments.
- Ignoring an employee's requests for a meeting to discuss adjustments can amount to a fundamental breach of trust and confidence.
- Continuing to write directly to an employee after their solicitor has requested otherwise may be seen as harassment.
- Long-serving employees are entitled to a supportive process when returning from sick leave; failing to provide it can lead to constructive dismissal.
What this case shows
This case highlights the importance of employers taking occupational health advice seriously. The claimant, a bus driver with deep vein thrombosis and post-thrombotic syndrome, needed shorter routes and regular breaks to manage her pain. Stagecoach's occupational health service made clear recommendations, but the company failed to implement them. When the claimant returned from furlough, she was given unsuitable routes, and her requests for a meeting to discuss adjustments were ignored.
What Stagecoach could have done differently
The tribunal found that Stagecoach could have avoided the claim by simply following its own medical advice. Instead, managers dismissed the claimant's concerns, and one controller told her she was 'not making a habit of' swapping a painful route. When the claimant's solicitor asked for no direct contact due to her ill health, Stagecoach continued to send letters and even threatened disciplinary action. This behaviour destroyed the trust and confidence needed to maintain the employment relationship.
Why this matters
For employees with disabilities, this case is a reminder that employers have a legal duty to make reasonable adjustments. For employers, it shows that ignoring medical recommendations and failing to engage with an employee's health needs can lead to a finding of constructive dismissal and substantial compensation. The total award of £38,794.56 reflects the seriousness of Stagecoach's failures.
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