Carer with 18 years' service wins constructive dismissal after employer's breach of trust
A carer who resigned after her employer failed to make reasonable adjustments for her back condition and made unlawful deductions from her wages has been awarded over £44,000 for constructive unfair dismissal and disability discrimination.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked as a carer for the respondent from 2 August 2000 until her resignation on 7 December 2018.
- The claimant was constructively unfairly dismissed and wrongfully dismissed due to a breach of trust and confidence.
- The respondent failed to make a reasonable adjustment for the claimant's back condition by not carrying out a risk assessment.
- The respondent made unlawful deductions from the claimant's wages and failed to provide accurate pay statements.
- The claimant was awarded a basic award of £9,156.78 and a compensatory award of £16,711.12 for unfair dismissal.
- The claimant was awarded £5,500 for injury to feelings plus interest for disability discrimination.
Timeline
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Employment started
The claimant began work as a carer at St Mary's Care Ltd.
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Suspension and investigation
The claimant was suspended following an allegation of assault, later cleared by CCTV.
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Verbal warning imposed
The claimant received a verbal warning for failing to provide personal care, imposed without a disciplinary hearing.
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Return to work meeting
The claimant returned to work after a nine-month suspension, agreeing to work on Jasmine wing.
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Sickness absence began
The claimant was absent due to sickness, later diagnosed with C-Diff infection.
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Accident at work
The claimant fell from a broken garden chair, injuring her back and leg.
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CCTV monitoring
The respondent monitored the claimant via CCTV on nights of 27/28 and 30/31 October.
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Suspension for sleeping on duty
The claimant was suspended after being found asleep on duty via CCTV.
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Settlement offer
The respondent offered £3,000 to resign, which the claimant refused.
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Resignation
The claimant resigned with immediate effect, citing breach of trust and confidence.
The legal issue
The tribunal had to decide whether the carer was constructively unfairly dismissed, whether the care home failed to make reasonable adjustments for her back condition, and whether unlawful deductions were made from her wages.
The outcome
The tribunal upheld the carer's claim of constructive unfair dismissal and wrongful dismissal, finding that St Mary's Care Ltd had breached the implied term of trust and confidence. It also found that the employer failed to make a reasonable adjustment for her back condition by not carrying out a risk assessment, and made unlawful deductions from her wages, including holiday pay and sick pay.
Compensation awarded:
- Basic award: £9,156.78
- Compensatory award: £16,711.12 (reduced by 10% for Polkey reduction)
- Injury to feelings: £5,500 plus interest
- Total: £44,767.72
Lessons & takeaways
- Employers must carry out risk assessments and make reasonable adjustments for employees with known disabilities, even if the employee has not formally requested them.
- Unlawful deductions from wages, including holiday pay and sick pay, can form part of a constructive dismissal claim and lead to additional compensation.
- A long-serving employee (18 years) is entitled to a higher basic award, and tribunals will scrutinise the employer's conduct more closely.
- Failing to provide accurate pay statements and failing to enrol an employee in a workplace pension scheme are separate breaches that can be challenged.
- Constructive dismissal can arise from a series of events that cumulatively destroy trust and confidence, not just a single act.
A breakdown of trust over two years
This case shows how a series of employer failings over two years can cumulatively destroy the trust and confidence needed for an employment relationship. The carer, who had worked for St Mary's Care Ltd for 18 years, faced a suspension following an allegation of assault that was later disproved by CCTV, yet she still received a verbal warning without a proper disciplinary hearing. Later, after a fall from a broken garden chair caused a back injury, the employer failed to carry out a risk assessment or make any reasonable adjustments, despite knowing about her condition.
The situation worsened when the employer monitored her via CCTV and suspended her for sleeping on duty, then offered a £3,000 settlement to resign. The carer resigned, citing a fundamental breach of trust. The tribunal agreed, finding that the employer's actions—including unlawful deductions from wages, failure to provide accurate pay statements, and failure to enrol her in a pension scheme—amounted to constructive unfair dismissal and disability discrimination.
What the employer could have done differently
St Mary's Care Ltd could have avoided this outcome by taking several simple steps. A proper risk assessment after the carer's back injury would have been a reasonable adjustment. Handling disciplinary matters fairly, with proper hearings and evidence, would have avoided the perception of unfairness. Ensuring accurate wage records and pension enrolment would have prevented the unlawful deduction claims. Finally, addressing the carer's grievances promptly rather than leaving them unresolved would have helped maintain trust.
Why this matters for similar claims
This case is a reminder that constructive dismissal claims can succeed when an employer's conduct, taken as a whole, makes continued employment untenable. The fact that the carer represented herself at the tribunal shows that individuals can bring such claims without legal representation, though the process is complex. The award of over £44,000, including injury to feelings for disability discrimination, demonstrates that tribunals can provide significant redress for employees who are forced out by their employer's unreasonable behaviour.
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