Healthcare assistant with fibromyalgia forced to resign after redeployment failure
A healthcare assistant with fibromyalgia was constructively dismissed after her employer failed to offer a permanent alternative role and ignored her complaints about colleague hostility. The tribunal awarded £41,864.95.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked as a healthcare assistant from December 2013 until she resigned on 17 March 2022.
- She suffered from fibromyalgia and central pain sensitisation, which limited her ability to perform manual handling tasks.
- The respondent redeployed her to the pre-assessment clinic from May 2021 but did not offer a permanent alternative role.
- The claimant experienced hostile behaviour from colleague Ms Gerona, which was not adequately addressed by management.
- On 1 February 2022, Mr Polines told the claimant to find another job or go back to the ward, leading her to leave in distress.
- The respondent failed to offer the claimant a suitable permanent vacancy in outpatients that arose in November 2021.
Timeline
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Claimant started employment
Claimant began working as a healthcare assistant on the oncology ward.
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Back injury at work
Claimant injured her lower back while caring for a patient.
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Diagnosis of fibromyalgia
Dr Almahdi confirmed the claimant suffered from central pain sensitisation and fibromyalgia.
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Redeployment to pre-assessment clinic
Claimant began working in the pre-assessment clinic on a temporary basis due to her disability.
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First incident with Ms Gerona
Ms Gerona told the claimant she should go back to the oncology ward, causing distress.
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Second incident with Ms Gerona
Ms Gerona told the claimant to find another job or go back to the ward, in front of another HCA.
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Mr Polines told claimant to leave
Mr Polines told the claimant to find another job or go back to the ward; she left work in tears.
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First resignation
Claimant sent a resignation letter citing constructive dismissal.
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Resignation retracted
Claimant agreed to retract her resignation to allow investigation of her grievance.
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Final resignation
Claimant resigned with immediate effect after learning the investigator had left without informing her.
The legal issue
The tribunal had to decide whether the employer's actions—failing to provide a permanent redeployment role, not addressing colleague hostility, and mishandling the grievance process—amounted to constructive unfair dismissal and a failure to make reasonable adjustments for the claimant's disability.
The outcome
The tribunal upheld the claim of constructive unfair dismissal and found the employer failed to make reasonable adjustments. However, claims of harassment, direct discrimination, and discrimination arising from disability were dismissed.
Compensation:
- Basic award: £4,945.27
- Compensatory award: £13,032.54
- Total: £41,864.95 (including other elements)
Lessons & takeaways
- Employers must offer suitable permanent alternative roles to disabled employees who cannot perform their original job, not just temporary redeployment.
- Ignoring complaints about workplace hostility can contribute to a breach of trust and confidence, supporting a constructive dismissal claim.
- Employees who resign should ensure they do not delay too long, as affirming the contract by continuing to work can weaken a constructive dismissal case.
- Representing yourself is possible but challenging; having legal representation can improve the chances of success in complex discrimination claims.
A breakdown of trust and confidence
This case shows how a combination of failures—rather than a single dramatic event—can destroy the trust and confidence needed for an employment relationship. The healthcare assistant, who had worked for the respondent for eight years, developed fibromyalgia after a back injury. She was temporarily redeployed to a pre-assessment clinic, but the employer never made that role permanent, despite a suitable vacancy arising. Meanwhile, she faced hostile comments from a colleague, telling her to 'go back to the ward.' Management failed to address this, and a senior manager told her to find another job or return to the ward, causing her to leave in distress.
What the employer could have done differently
The respondent could have avoided liability by offering the permanent outpatient role that became available in November 2021. Instead, they left the claimant in a temporary position with no security. They also failed to take the colleague's behaviour seriously and did not properly investigate her grievance. When she retracted her resignation to allow an investigation, they assigned an investigator who was about to leave the organisation, without telling her. This mishandling compounded the breach of trust.
Why this matters for similar claims
For employees with disabilities, this case reinforces that temporary redeployment is not enough—employers must consider permanent adjustments. For employers, it is a reminder that failing to address workplace hostility and mishandling grievances can be as damaging as the original discriminatory act. The claimant's success on constructive dismissal and reasonable adjustments, despite losing other discrimination claims, shows that even partial victories can result in significant compensation.
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