IT manager forced to resign after disability discrimination: constructive dismissal and victimisation claims succeed

When requesting adjustments leads to hostility

This case shows how an employer's response to a disability-related request can spiral into unlawful treatment. The IT manager, who had complex regional pain syndrome, asked to work from home when the lift was broken or after physiotherapy – a reasonable adjustment supported by Occupational Health. Instead of accommodating him, the managing director became hostile, sending intimidating emails and criticising his working from home.

The tribunal found that the managing director's conduct – including questioning the claimant's toilet breaks and launching a disciplinary investigation into a server security breach – was motivated by the claimant's disability and his assertion of his rights. This pattern of behaviour destroyed the trust and confidence needed for the employment relationship, leading the claimant to resign.

What the employer could have done differently

Crystal Ball Limited could have avoided liability by simply following the Occupational Health recommendations and treating the claimant with respect. Instead, the managing director's personal hostility turned a straightforward adjustment request into a series of discriminatory acts. The tribunal noted that the disciplinary proceedings were a response to the claimant's disability-related absences and requests, not genuine misconduct.

Why this matters for similar claims

This case is a reminder that constructive dismissal claims can succeed when an employer's conduct – even if not a single dramatic event – amounts to a fundamental breach of contract. It also highlights that disability discrimination claims can arise from seemingly minor actions, like questioning toilet breaks, if they are related to the disability. Employees who feel pressured or harassed after requesting adjustments should consider seeking legal advice early.