Outpatient clerk forced to resign after hospital ignored disability adjustments
An outpatient administration clerk with cervical spondylosis was constructively dismissed after the hospital failed to implement occupational health recommendations and moved her to a concierge role. The tribunal awarded £74,683.42.
1 min read · Last updated 18 May 2026
Case details
- #cervical-spondylosis
- #occupational-health-reports-ignored
- #failure-to-make-reasonable-adjustments
- #disciplinary-investigation-while-off-sick
- #demotion-to-concierge
- #hostile-remarks-by-manager
- #acas-uplift
Key facts
- The claimant was employed as an Outpatient Administration Clerk from June 2016 to April 2020.
- She had cervical spondylosis, a disability, from October 2018.
- Occupational Health reports from October 2018 onwards recommended adjustments, but these were largely ignored or inadequately addressed.
- The claimant was subjected to a disciplinary investigation after taking time off for a disability-related medical appointment.
- She was moved to a Concierge role without consultation, which she considered a demotion.
- The claimant resigned in April 2020 citing a cumulative breach of trust and confidence.
Timeline
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Employment started
Claimant began work as an Outpatient Administration Clerk.
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First OH report
Occupational Health report recommended task rotation, DSE assessment, and avoiding heavy lifting.
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Health and safety report
Claimant reported uneven floor and dirty workstations via Datix system.
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Second OH report
OH report noted repetitive neck movement aggravating pain and recommended alternative duties.
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Third OH report
OH report confirmed chronic condition and recommended time off for treatment.
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Leave dispute
Claimant left work early due to back pain; manager JB later sent email asking her to pay for cover.
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Fourth OH report
OH report recommended phased return, midday shift, frequent breaks, and task rotation.
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Return to work
Claimant returned to work; JB made remark 'we don't do sick here' and adjustments were not implemented.
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Disciplinary investigation started
Claimant informed of disciplinary investigation regarding the 30 October absence.
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Moved to Concierge role
Claimant was assigned to Concierge desk without consultation, which she saw as a demotion.
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Resignation
Claimant resigned citing failure to make adjustments, harassment, and breach of trust.
The legal issue
The tribunal had to decide whether the hospital directly discriminated against the claimant because of her disability, discriminated against her arising from disability, failed to make reasonable adjustments, harassed her, and constructively dismissed her.
The outcome
The tribunal upheld the claim of constructive unfair dismissal and parts of the disability discrimination claims, including discrimination arising from disability, failure to make reasonable adjustments, and harassment. The direct discrimination claim was dismissed.
Compensation breakdown:
- Basic award: £2,208.56
- Compensatory award: £500.00
- Total: £74,683.42 (including other heads not specified)
Lessons & takeaways
- Employers must take occupational health recommendations seriously and implement reasonable adjustments for disabled employees.
- Starting a disciplinary investigation related to disability-related absence can be seen as unfavourable treatment arising from disability.
- Moving an employee to a different role without consultation may be a fundamental breach of contract, especially if it appears to be a demotion.
- Hostile comments about sickness absence can contribute to a finding of harassment and constructive dismissal.
- Ignoring grievances and failing to communicate with employees about their adjustments can undermine trust and confidence.
What this case shows in practice
This case highlights how a failure to engage with an employee's disability can escalate from poor management to constructive dismissal. The claimant, an outpatient administration clerk with cervical spondylosis, repeatedly provided occupational health reports recommending adjustments such as task rotation and a phased return. The hospital largely ignored these recommendations, and her manager made dismissive comments like 'we don't do sick here'. When she was moved to a concierge role without consultation, she saw it as a demotion and resigned.
What the hospital could have done differently
The hospital could have avoided the tribunal by taking the occupational health reports seriously and implementing the recommended adjustments. Instead, it started a disciplinary investigation after the claimant took time off for a disability-related medical appointment, which the tribunal found was unfavourable treatment arising from her disability. Moving her to a concierge role without consultation was a fundamental breach of contract. The hospital also failed to respond to her grievance, further damaging trust.
Why the result matters
This case is a reminder that employers must actively consider and implement reasonable adjustments for disabled employees. Ignoring medical advice and treating disability-related absences as misconduct can lead to successful constructive dismissal and discrimination claims. The total award of £74,683.42 reflects the seriousness of the breaches, though the compensatory award was limited due to the claimant's short service and other factors.
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