19-year investigations officer wins constructive dismissal after driving ban and ambush meeting
A long-serving DWP investigations officer was constructively dismissed after being banned from driving without medical evidence, ambushed in a meeting, and then forced to attend a review at an unsuitable venue. The tribunal awarded £373,936.69.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was banned from driving for work purposes in February 2018 due to health and safety concerns, without medical evidence.
- On 26 April 2018, the claimant was ambushed in a 3-4 hour meeting without notice, during which he became extremely distressed and expressed suicidal thoughts.
- The claimant was constructively dismissed on 3 May 2019 after being required to attend a review meeting at the Ramsgate office despite a history of meeting at neutral venues.
- The respondent failed to offer workplace mediation despite occupational health advice recommending it.
- The claimant suffered severe depression, anxiety, and fibromyalgia as a result of the unlawful acts, with a poor prognosis.
- The respondent breached the ACAS Code by not informing the claimant of disciplinary action taken and not offering an appeal against the grievance outcome.
Timeline
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Claimant faints at work
The claimant fainted in the workplace, leading to concerns about his fitness to drive.
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Driving ban imposed
Ms Skinner banned the claimant from driving during work hours due to concerns about his health and safety.
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Ambush meeting
The claimant was called into a 3-4 hour meeting without notice, where he was accused of bullying and became extremely distressed.
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Grievance submitted
The claimant submitted a lengthy grievance email, which was treated as a formal grievance.
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Sick leave begins
The claimant was signed off sick with depression and anxiety, and remained off work until his resignation.
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Grievance outcome
The grievance was partially upheld, but the claimant was not informed of disciplinary action against managers or given a right of appeal.
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Occupational health report
OH advised that the claimant's return to work was unlikely without reconciliation, and recommended a neutral venue for meetings.
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Meeting location insisted
Ms Beaddie insisted the claimant attend a review meeting at the Ramsgate office, despite OH advice for a neutral venue.
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Resignation
The claimant resigned with notice, citing constructive dismissal.
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Liability judgment
The tribunal found harassment, failure to make reasonable adjustments, constructive unfair dismissal, and unpaid holiday pay.
The legal issue
The tribunal had to decide whether the DWP's treatment of a disabled employee (driving ban, meeting conduct, and venue insistence) constituted harassment related to disability, whether there was a failure to make reasonable adjustments (mediation), and whether the employee was constructively unfairly dismissed.
The outcome
The tribunal upheld claims of harassment related to disability, failure to make reasonable adjustments, constructive unfair dismissal, and unpaid holiday pay.
Key reasons:
- The driving ban was imposed without medical evidence and was not a proportionate means of achieving a legitimate aim.
- The 26 April 2018 meeting was an ambush without notice, causing severe distress.
- The DWP failed to offer workplace mediation despite OH advice, and insisted on a Ramsgate office meeting against OH recommendations for a neutral venue.
Compensation:
- Basic award: £13,650
- Total damages: £373,936.69 (including compensatory award and uplift for ACAS Code breach)
Lessons & takeaways
- Employers should obtain medical evidence before imposing restrictions like driving bans based on health concerns.
- Meetings that could lead to disciplinary action should be scheduled with notice and a supportive environment, not sprung on the employee.
- Occupational health advice recommending mediation or neutral venues should be followed unless there is a clear business reason not to.
- Long-serving employees with disabilities are entitled to reasonable adjustments; failing to offer mediation can be a breach of duty.
- Breaching the ACAS Code of Practice (e.g., denying appeal rights) can lead to an uplift in compensation of up to 25%.
This case shows how a series of management failures can amount to constructive dismissal and disability harassment. The claimant, an investigations officer with 19 years' service, was banned from driving for work in February 2018 without any medical evidence to support the decision. Two months later, he was called into a 3-4 hour meeting without notice, accused of bullying, and became so distressed that he expressed suicidal thoughts. The tribunal described this as an 'ambush'.
What went wrong
The DWP could have avoided liability by following basic procedures. The driving ban should have been based on up-to-date medical advice, not a manager's concern after a fainting episode. The April 2018 meeting should have been scheduled with proper notice and a supportive tone. Later, when occupational health recommended mediation and neutral venues for return-to-work meetings, the DWP ignored that advice and insisted the claimant attend the Ramsgate office—a location he associated with his distress.
The tribunal found that these acts were related to the claimant's disability (depression, anxiety, and fibromyalgia) and that the DWP failed to make reasonable adjustments by not offering workplace mediation. The constructive dismissal claim succeeded because the DWP's conduct destroyed the mutual trust and confidence in the employment relationship.
Why this matters
For employees, this case highlights that constructive dismissal claims can succeed when employers disregard medical advice and treat long-serving staff unfairly. The £373,936.69 award reflects the serious impact on the claimant's health and the DWP's breach of the ACAS Code. For employers, it is a reminder that reasonable adjustments are not optional—and that ignoring occupational health recommendations can be costly.
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