Constructive dismissal claim succeeded but disability discrimination claims failed
A former employee of MPS Housing Ltd won his constructive unfair dismissal claim but lost all disability discrimination claims. The tribunal awarded £16,250.48.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was constructively unfairly dismissed on 16 June 2021.
- The claimant was a disabled person and the respondent had knowledge of the disability.
- The claimant's claims of disability discrimination (arising from disability, harassment, failure to make reasonable adjustments) were dismissed.
- The claimant's claim for breach of contract regarding utility bills and expenses was dismissed.
- The claimant withdrew his claim for a redundancy payment.
- The claimant was awarded a basic award of £2,176 and a compensatory award of £14,074.48.
Timeline
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Constructive dismissal
The claimant was constructively unfairly dismissed by the respondent.
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Liability hearing (day 1)
The employment tribunal heard the liability case over three days.
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Liability hearing (day 3)
The tribunal concluded the liability hearing and gave oral judgment.
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Liability judgment sent
The written liability judgment was sent to the parties.
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Remedy hearing
The tribunal held a remedy hearing and issued a remedy judgment.
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Remedy judgment date
The remedy judgment was dated 31 July 2023.
The legal issue
The tribunal had to decide whether the employee was constructively unfairly dismissed, whether he was disabled, and whether the employer discriminated against him due to disability or breached his contract.
The outcome
The tribunal upheld the employee's claim for constructive unfair dismissal, finding that the employer's actions amounted to a fundamental breach of contract that forced him to resign.
However, the tribunal dismissed all disability discrimination claims, including discrimination arising from disability, harassment, and failure to make reasonable adjustments, as well as a breach of contract claim regarding utility bills.
Compensation was awarded as follows:
- Basic award: £2,176.00
- Compensatory award: £14,074.48 (28 weeks' loss of earnings and pension, less agreed earnings)
- Total: £16,250.48
Lessons & takeaways
- Constructive dismissal claims require proof of a fundamental breach of contract by the employer that caused the resignation.
- Disability discrimination claims can fail even if the employee is disabled and the employer knew, if the employer's actions were not discriminatory.
- Keep detailed records of any requests for reasonable adjustments and the employer's responses.
- A lay representative can successfully argue a constructive dismissal case, but legal representation may be beneficial for complex discrimination claims.
What this case shows in practice
This case demonstrates that an employee can win a constructive unfair dismissal claim even when their disability discrimination claims fail. The former employee of MPS Housing Ltd resigned after what he considered a fundamental breach of his contract, but the tribunal found that the employer's conduct did not amount to discrimination.
What the losing side could have done differently
MPS Housing Ltd could have avoided the constructive dismissal finding by addressing the employee's concerns before they escalated to a resignation. The tribunal found that the employer's actions—including withdrawing a redundancy offer and failing to handle grievances properly—amounted to a breach of contract. Employers should ensure they follow proper procedures and communicate clearly with employees.
Why the result matters for similar claims
This case highlights the importance of distinguishing between unfair dismissal and discrimination. Employees who believe they have been forced to resign should focus on whether the employer's conduct breached the contract, as that is the key to a constructive dismissal claim. Disability discrimination claims require evidence of less favourable treatment because of the disability or a failure to make reasonable adjustments, which may not always be present even if the employee is disabled.
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