Constructive dismissal after arthritis adjustments were impliedly withdrawn
A shop assistant with 16 years' service was constructively dismissed after her employer implied it would withdraw adjustments for her arthritis. The tribunal awarded £7,889.22 for unfair dismissal and disability discrimination.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant had arthritis in both knees and could not use stairs or ladders.
- The respondent initially made adjustments but later implied they might be withdrawn.
- The claimant was told her options were long-term sick leave or termination.
- The claimant resigned in response to the respondent's conduct.
- The tribunal found the respondent breached the implied term of trust and confidence.
- The claimant succeeded in claims for unfair dismissal and discrimination arising from disability.
Timeline
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Employment started
Claimant began working at the pet shop, later transferring to the respondent under TUPE.
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Disclosure of disability
Claimant told Mr Gunnell she had arthritis in both knees and could not use stairs or ladders.
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Risk assessment document
Mr Gunnell prepared a risk assessment instructing the claimant not to use stairs or ladders.
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Phone call about adjustments
Mr Gunnell recorded a call where he said adjustments would be reviewed weekly and mentioned options of sick leave or termination.
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Discussion about returning to normal duties
Mr Gunnell told the claimant they needed to discuss her returning to normal duties, causing her concern.
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Meeting with Mr Gunnell
Mr Gunnell told the claimant her options were long-term sick leave or termination; he did not assure her adjustments would continue.
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Further phone call
Mr Gunnell said no further modifications were possible and termination was still an option.
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Resignation
Claimant resigned by email, citing unfair treatment and the untenable position due to her arthritis.
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Effective date of termination
Respondent read the resignation email; employment ended.
The legal issue
The tribunal had to decide whether the shop assistant was constructively unfairly dismissed when she resigned after her employer implied it might withdraw reasonable adjustments for her arthritis, and whether that treatment amounted to discrimination arising from her disability.
The outcome
The tribunal upheld the claims for constructive unfair dismissal and discrimination arising from disability, but dismissed the claim for failure to make reasonable adjustments and the breach of contract claim for notice pay.
Compensation:
- Basic award: £1,710.72
- Compensatory award: £1,181.00
- Total for unfair dismissal: £2,891.72
- Discrimination compensation: £4,997.50
- Total award: £7,889.22
Lessons & takeaways
- If an employer implies that previously granted adjustments may be withdrawn, that can breach the duty of trust and confidence and give rise to a constructive dismissal claim.
- Presenting an employee with a choice between long-term sick leave and termination, without reassurance that adjustments will continue, is likely to be discriminatory.
- Long-serving employees (here 16 years) are entitled to expect a higher standard of conduct from their employer before resigning in response to a breach of trust.
- Employees who resign in response to a fundamental breach should clearly state in their resignation that they are doing so because of the employer's conduct.
When adjustments become a threat
This case shows how quickly an employer's supportive approach can turn into a breach of trust. The shop assistant, who had worked for the company for 16 years, developed arthritis in both knees and could no longer use stairs or ladders. Her employer initially made adjustments, including a risk assessment that instructed her not to use stairs or ladders. But within weeks, the director began to imply that those adjustments might be withdrawn.
In a recorded phone call, the director told the employee that adjustments would be reviewed weekly and mentioned options of long-term sick leave or termination. Later, he said no further modifications were possible and that termination was still an option. The employee resigned, saying she had been left in an untenable position.
What the employer could have done differently
The tribunal found that the employer had breached the implied term of trust and confidence. Instead of implying that adjustments might be withdrawn, the employer should have confirmed that the current arrangements would remain in place. The director's comments about sick leave and termination, without any reassurance, were enough to destroy the trust that had built up over 16 years of service.
Why this matters for similar claims
This case is a reminder that constructive dismissal claims can succeed when an employer's conduct makes continued employment intolerable. For employees with disabilities, the threat of withdrawing adjustments can amount to discrimination arising from disability, even if the employer has not actually withdrawn them. The tribunal awarded £7,889.22 in total, including compensation for injury to feelings. The employee represented herself, which shows that these claims can be brought without a lawyer, though professional advice is always recommended.
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