Locality manager with cancer wins constructive dismissal claim over job advert for her replacement

When a job advert becomes evidence of discrimination

This case shows how a seemingly routine decision – advertising a role while an employee is on sick leave – can have serious legal consequences. The claimant, a locality manager with six years' service, was diagnosed with stage 3 breast cancer in February 2019 and started sick leave. Just eight days after her diagnosis, her employer, The Regard Partnership Limited, placed an advert for her role as a fixed-term contract with 'the possibility of full-time'. The tribunal found that this wording, combined with the failure to advertise a promotion opportunity internally, amounted to unfavourable treatment because of her disability.

The employer's handling of the claimant's grievance also contributed to the breakdown of trust. Her grievance was raised in February 2019, but the appeal process dragged on until September, with multiple changes of appeal chair. The tribunal noted that these delays, along with the job advert, were part of a course of conduct that breached the implied term of trust and confidence, entitling the claimant to resign and claim constructive unfair dismissal.

What the employer could have done differently

The Regard Partnership could have avoided this outcome by taking a more supportive approach. First, they should have consulted the claimant before advertising her role, and the advert should have made clear that it was a temporary cover arrangement. Second, internal vacancies like the Area Director role should have been advertised to all staff, including those on sick leave. Third, grievances should be dealt with promptly and consistently, without changing the decision-maker multiple times. The tribunal found that these failures, taken together, justified the claimant's resignation.

Why this matters for similar claims

This case is a reminder that employers must be careful when managing employees with serious illnesses. The Equality Act 2010 protects employees from discrimination arising from disability, which includes unfavourable treatment because of something connected to their disability – such as sickness absence. The wording of a job advert can be enough to establish a claim. For employees in a similar situation, this case shows that resigning in response to a fundamental breach of contract can lead to a successful constructive dismissal claim, even if some individual acts are not discriminatory on their own.