Constructive dismissal after employer refused disabled worker's reasonable adjustments
A court worker with 10 years' service was constructively dismissed after her employer refused to adjust her start time or move her from a difficult team. The tribunal awarded £48,476.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from 27 July 2010 until she resigned on 25 June 2018.
- The respondent conceded the claimant had a disability (anxiety state) for Equality Act purposes.
- The claimant was required to work at The Grove from 30 October 2017 and on the Health Promotion team with Lesley Bell and Will Davies.
- The respondent refused the claimant's requests for reasonable adjustments, including a later start time and a change of team.
- The respondent failed to reply to the claimant's letters of 22 December 2017 and 17 January 2018.
- The claimant resigned in response to the respondent's refusal to make adjustments, which was a fundamental breach of contract.
Timeline
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Employment commenced
Claimant started work with CRI, later transferred to Blenheim CDP via TUPE in 2013.
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New contract issued
Claimant accepted a new contract as Court Worker, based at Highbury Corner Magistrates Court.
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Phone call with line manager
Claimant phoned line manager Amina Lahrichi about a pay deduction; Lesley Bell later wrote a statement describing the claimant as aggressive.
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Invitation to disciplinary hearing
Claimant was invited to a disciplinary hearing regarding the 18 May 2016 phone call; the hearing took place on 29 June 2017 and resulted in a letter of concern.
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Told to work at The Grove full-time
Claimant was informed she would work at The Grove five days a week on the Health Promotion team.
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Back to work meeting
Claimant was told her anxiety was a condition not a disability and that her requested adjustments were refused.
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Claimant's letter to respondent
Claimant wrote to HR and area manager asserting her disability and requesting adjustments; no reply was received.
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Claimant's follow-up email
Claimant emailed again, offering medical evidence; still no reply.
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Welfare meeting
Claimant was told her court worker role no longer existed and she would be an Offender Recovery Worker; adjustments were refused.
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Resignation
Claimant resigned with immediate effect, citing the respondent's failure to make reasonable adjustments and breach of trust and confidence.
The legal issue
The tribunal had to decide whether the worker was constructively dismissed (i.e., forced to resign because of her employer's conduct) and whether that dismissal was unfair. It also considered claims for failure to make reasonable adjustments, direct disability discrimination, and harassment related to disability.
The outcome
The tribunal upheld the worker's claim for constructive unfair dismissal and found that the employer had failed to make reasonable adjustments by refusing to allow a later start time or a transfer away from a problematic colleague. It also found that the employer directly discriminated by ignoring her letters, and harassed her by telling her that her anxiety was 'a condition not a disability'.
Compensation totalled £48,476.20, including:
- Basic award: not specified separately
- Compensatory award: not specified separately
- No Polkey reduction or contributory fault deduction was applied.
Lessons & takeaways
- Employers must take reasonable adjustment requests seriously and respond promptly, especially when the employee has a known disability.
- Ignoring an employee's letters about their disability can itself be direct discrimination.
- Telling an employee their condition is 'not a disability' can amount to harassment, even if the employer later concedes it is.
- Long-serving employees are more likely to succeed in constructive dismissal claims if the employer's breach is fundamental.
- Refusing to consider a change of team as a reasonable adjustment may be unlawful if the current team environment exacerbates the disability.
What this case shows in practice
This case highlights how a breakdown in communication and a failure to consider reasonable adjustments can lead to a successful constructive dismissal claim. The worker, who had 10 years' service, suffered from anxiety and was required to work full-time at a new location with a colleague she found difficult. She asked for a later start time and a transfer to a different team, but the employer refused both requests without proper consideration. When she wrote to HR and her area manager explaining her disability and requesting adjustments, she received no reply. A follow-up email offering medical evidence was also ignored. The tribunal found that this silence was a fundamental breach of the implied term of trust and confidence, which forced her to resign.
What the employer could have done differently
Blenheim CDP could have avoided liability by engaging with the worker's requests properly. A simple acknowledgment of her letters, a meeting to discuss her needs, and a genuine consideration of the adjustments she proposed would likely have prevented the claim. Even if the adjustments were ultimately not feasible, the employer should have explained why and offered alternatives. Instead, the tribunal found that the employer's conduct was dismissive and discriminatory.
Why the result matters for similar claims
This decision reinforces that employers cannot ignore reasonable adjustment requests or dismiss an employee's disability as 'not a disability'. It also shows that a failure to respond to an employee's formal correspondence can be direct discrimination. For employees, the case demonstrates that constructive dismissal claims can succeed when the employer's breach is clear and fundamental, especially where there is a long service record and the employer has been given opportunities to rectify the situation.
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