Constructive dismissal after whistleblowing and disability harassment: a partial win for former employee
A former employee who resigned after being required to attend a disciplinary investigation meeting following protected disclosures has won claims for detriment, disability discrimination, harassment and victimisation, but her constructive unfair dismissal claim was dismissed. She was awarded £12,822.78.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by ISWP Support Services Limited.
- The claimant made protected disclosures and raised a grievance.
- The respondent required the claimant to attend a disciplinary investigation meeting on 12 April 2021.
- Mrs Bains made comments to the claimant on 11 March 2021 and to Mr Tapera on 15 March 2021.
- The claimant resigned and claimed constructive dismissal.
- The tribunal upheld claims of detriment, disability discrimination, harassment, and victimisation, but dismissed other claims.
Timeline
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Harassment by Mrs Bains
Mrs Bains made comments to the claimant during a telephone discussion.
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Detrimental comments by Mrs Bains
Mrs Bains made comments to Mr Tapera about the claimant.
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Disciplinary investigation meeting
The claimant was required to attend a disciplinary investigation meeting.
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Liability hearing
The tribunal heard the liability case over six days.
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Liability judgment
The tribunal issued its judgment on liability, partly upholding the claimant's claims.
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Remedy hearing
The tribunal held a remedy hearing and awarded compensation.
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Remedy judgment
The tribunal issued the remedy judgment awarding £12,822.78.
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Reconsideration application refused
The tribunal refused the claimant's application for reconsideration of the remedy judgment.
The legal issue
The tribunal had to decide whether the employee was subjected to detriments for making protected disclosures, whether the employer failed to make reasonable adjustments for her disability, whether she was harassed and victimised, and whether she was constructively dismissed.
The outcome
The tribunal partly upheld the employee's claims. It found that:
- She was subjected to detriments for whistleblowing, including comments made by a manager to a colleague and being required to attend a disciplinary investigation meeting.
- The employer failed to make reasonable adjustments for her disability.
- She was harassed by comments made during a telephone discussion.
- She was victimised by the employer's actions.
However, her claim for unfair constructive dismissal was dismissed, as were claims for direct and indirect race discrimination, race harassment, and holiday pay.
The compensation awarded was:
- Past financial losses: £1,358.56
- Interest on past losses: £119.40
- Injury to feelings: £9,500
- Interest on injury to feelings: £1,844.82
- Total: £12,822.78
Lessons & takeaways
- Making protected disclosures can give you legal protection against detrimental treatment, but you still need to show a direct link between the disclosure and the treatment.
- Employers must consider reasonable adjustments for disabled employees, and failing to do so can lead to a discrimination claim.
- Harassment can include comments made in a single telephone call if they relate to a protected characteristic like disability.
- Victimisation occurs when an employer treats you unfavourably because you have made a complaint or raised a grievance about discrimination.
- Constructive dismissal claims require you to show that the employer's conduct was so serious that you had no choice but to resign; a disciplinary investigation meeting alone may not be enough.
What this case shows in practice
A former employee of ISWP Support Services Limited resigned after being required to attend a disciplinary investigation meeting. She had previously made protected disclosures about the company and raised a grievance. She also had a disability, and the tribunal found that the company failed to make reasonable adjustments for her. During a telephone discussion, a manager made comments that amounted to harassment related to her disability. The manager also made detrimental comments about her to a colleague.
The tribunal upheld her claims for detriment for whistleblowing, disability discrimination (failure to make reasonable adjustments), harassment, and victimisation. However, her claim for unfair constructive dismissal was dismissed because the tribunal found that the employer's actions, while wrong, did not go to the root of the employment contract so as to justify her resignation.
What the losing side could have done differently
The employer could have avoided many of these claims by taking the employee's protected disclosures seriously, considering reasonable adjustments for her disability, and ensuring that managers did not make inappropriate comments. The requirement to attend a disciplinary investigation meeting, without proper consideration of her disability and protected disclosures, was a key factor in the detriment finding.
Why the result matters for similar claims
This case shows that employees who make protected disclosures and have a disability may have multiple overlapping claims. However, constructive dismissal claims are difficult to win – the employer's conduct must be very serious. The compensation awarded (£12,822.78) reflects the injury to feelings and financial losses, but is relatively modest compared to some awards. It also highlights that even if some claims fail, others can succeed, so it is worth pursuing all potential claims.
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