Constructive dismissal of midwife with dyspraxia over surprise criticism meeting
An antenatal education midwife with dyspraxia and depression was constructively dismissed after a manager raised multiple criticisms without warning. The tribunal upheld her unfair dismissal claim and one reasonable adjustment claim.
2 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #disability-discrimination
- #failure-to-make-reasonable-adjustments
- #dyspraxia
- #depression-anxiety
- #informal-meeting-support
Key facts
- The claimant was employed as an antenatal education midwife from 16 January 2017 to 24 December 2020.
- She had disabilities of dyspraxia and depression/anxiety, known to the respondent from at least March 2018 and May 2019 respectively.
- On 1 October 2020, a meeting with manager Tracy Beason raised multiple criticisms of her practice without prior warning, causing her to resign.
- The tribunal found the meeting breached the implied term of trust and confidence, amounting to constructive unfair dismissal.
- The tribunal upheld one reasonable adjustment claim: failure to allow support at informal meetings.
- All other discrimination claims were dismissed.
Timeline
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Employment start
Claimant began work as an Antenatal Education Midwife.
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Labour ward incident
Claimant worked a shift on labour ward, observed care she considered unnecessary, and later raised concerns.
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Reflective statement
Claimant provided a reflective statement to manager Gill Perks about the incident.
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Conversation with Yousrah Nurmahomed
Claimant discussed the incident with colleague Yousrah Nurmahomed, leading to a complaint about the claimant's clinical skills.
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Knowledge of depression/anxiety
Respondent formally knew of claimant's depression and anxiety after a return-to-work meeting.
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Return to work meeting
Claimant informed Gill Perks of her dyspraxia; no workplace risk assessment was carried out despite OH recommendation.
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Resignation
After a meeting with Tracy Beason where multiple practice concerns were raised without warning, claimant resigned.
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Resignation letter
Claimant typed and left resignation letter on manager's desk.
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Employment end
Claimant's notice period expired.
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Claim presented
Claimant presented her claim to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed and whether the respondent failed to make reasonable adjustments for her disabilities (dyspraxia and depression/anxiety).
The outcome
The tribunal upheld the claim of constructive unfair dismissal and one reasonable adjustment claim (failure to allow support at informal meetings). All other discrimination claims were dismissed.
- Constructive unfair dismissal: upheld
- Reasonable adjustment (support at informal meetings): upheld
- Other disability discrimination claims: dismissed
No compensation was awarded as the hearing was a liability-only judgment.
Lessons & takeaways
- If you have a known disability, your employer should consider allowing a supporter to attend informal meetings if you request it.
- A single meeting that unreasonably damages trust and confidence can be the 'last straw' for constructive dismissal, even if earlier conduct was not a breach.
- Employers should give prior warning of the topics to be discussed in a performance or conduct meeting, especially when the employee has a disability affecting communication.
What this case shows in practice
This case highlights how a single meeting can destroy the trust and confidence needed for an employment relationship. The claimant, an antenatal education midwife with dyspraxia and depression, was called into a meeting with her manager without any prior notice of the concerns to be raised. During the meeting, multiple criticisms of her practice were presented, leaving her feeling ambushed. For someone with dyspraxia, which affects processing and communication, the lack of preparation time was particularly damaging. She resigned shortly after, arguing that the meeting was the final straw in a series of issues.
The tribunal agreed. It found that the manner in which the meeting was conducted breached the implied term of trust and confidence, making her constructive dismissal unfair. The tribunal also upheld one of her reasonable adjustment claims: the failure to allow her to have a supporter present at informal meetings. This was a reasonable adjustment that could have helped her manage the stress and communication challenges arising from her disabilities.
What the NHS Trust could have done differently
The respondent, Barking, Havering and Redbridge University Hospitals NHS Trust, could have avoided liability by giving the claimant advance notice of the meeting's purpose and topics. For an employee with known disabilities, this is not just good practice—it may be a legal obligation. Allowing a supporter at informal meetings would also have been a simple, low-cost adjustment. The trust's failure to do either left it exposed to a successful constructive dismissal claim.
Why the result matters
This case is a reminder that constructive dismissal can arise from a single event if it is sufficiently serious. For employees with disabilities, the duty to make reasonable adjustments extends to the way meetings are conducted. Employers should ensure that performance concerns are raised in a structured, supportive manner, with reasonable adjustments in place where needed. The decision also shows that tribunals will examine the cumulative effect of an employer's conduct, even if earlier issues did not individually amount to a breach of contract.
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