Charity shop manager's constructive dismissal claim over whistleblowing and disability fails
A charity shop manager who resigned after her probation was extended lost her unfair dismissal claim. The tribunal found no link between her protected disclosures and the employer's actions.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a charity shop manager from 17 June 2019 to 20 March 2020.
- On 21 January 2020, the claimant reported an incident involving a customer to the police and informed her employer.
- The respondent extended the claimant's probation period on 12 February 2020 due to concerns about falling sales.
- The claimant resigned on 24 February 2020, citing unrealistic sales expectations and lack of support.
- The tribunal found that the respondent did not know about the claimant's disability until 17 February 2020.
- The claimant's contract did not provide for overtime pay, only time off in lieu.
Timeline
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Employment start
Claimant began work as shop manager for Parity for Disability.
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Reduced working days
Claimant's request to reduce from 4 to 3 days per week was agreed.
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Probation review
Three-month probation review; sales targets set.
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Sick leave for surgery
Claimant signed off for 8 weeks for abdominal/bowel surgery.
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Return to work
Claimant returned on phased basis (2 days/week for 2 weeks).
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Protected disclosures
Claimant reported shop incident to police and informed Alison Cooper by email.
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Probation extended
Alison Cooper extended probation due to low sales.
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Disability disclosed
Claimant told Ms Cooper about her disability for the first time.
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Resignation
Claimant resigned with 4 weeks' notice, citing unrealistic expectations and lack of support.
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Employment ended
Last day of employment.
The legal issue
The tribunal had to decide whether the charity shop manager was subjected to detriment or dismissed because of protected disclosures, whether the employer failed to make reasonable adjustments for her disability, and whether there were unauthorised deductions from wages for overtime.
The outcome
The tribunal dismissed all claims brought by the charity shop manager against Parity for Disability.
- Whistleblowing detriment and dismissal: The tribunal found that the protected disclosures were not the reason for extending the probation or any other detriment. The manager resigned due to sales pressures, not because of a fundamental breach of contract by the employer.
- Disability discrimination: The employer only learned of the disability on 17 February 2020, after the probation extension. No duty to make reasonable adjustments arose before that date, and the manager resigned before any adjustments could be considered.
- Unauthorised deductions: The contract provided for time off in lieu, not overtime pay. No deductions were made, as the manager was not entitled to payment for extra hours.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Whistleblowing claims require a clear causal link between the protected disclosure and the detriment or dismissal — mere timing is not enough.
- Employers cannot be expected to make reasonable adjustments for a disability they do not know about; disclosure is a key trigger.
- Check your contract for overtime policies — if it says time off in lieu, you cannot claim unpaid wages for extra hours.
- Resigning under pressure may not amount to constructive dismissal if the employer's actions are reasonable and not a fundamental breach.
This case shows how difficult it can be to prove that a protected disclosure was the real reason for an employer's actions. The charity shop manager reported a concerning incident to the police and her employer in January 2020. Just weeks later, her probation was extended due to falling sales. She felt this was retaliation and resigned, claiming constructive dismissal.
However, the tribunal found no evidence that the disclosure influenced the probation decision. The employer had legitimate concerns about sales performance, which had been raised before the disclosure. The manager's resignation was driven by frustration with sales targets and lack of support, not by any fundamental breach of contract by the employer.
The disability discrimination claim also failed because the employer only learned of the manager's disability after the probation extension. The law does not require employers to make adjustments for disabilities they are unaware of. Once disclosed, the manager resigned before any adjustments could be discussed.
For employees considering similar claims, this case highlights the importance of timing and evidence. A protected disclosure must be a material factor in the detriment or dismissal. And employers cannot be expected to accommodate hidden disabilities. The outcome also reinforces that clear contractual terms on overtime — here, time off in lieu — will be upheld by tribunals.
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