Constructive dismissal after manager coughed on employee with psoriatic arthritis

What happened

The claimant, an accounts assistant and property manager with psoriatic arthritis, was working for Cawdor Cars (Newcastle Emlyn) Ltd. In March 2020, as the COVID-19 pandemic began, she asked a director (R2) to maintain social distancing because of her vulnerability. In response, R2 deliberately coughed in her direction, ridiculing her request. The tribunal found this was directly linked to her disability.

Over the following weeks, the situation deteriorated. The claimant was warned about potential redundancy and her duties were reduced. When she emailed a grievance on 2 June 2020, she was met with a response that the tribunal found to be victimisation. She resigned on 13 June 2020, citing an untenable working environment.

What the tribunal decided

The tribunal found that the coughing incident and the subsequent treatment amounted to constructive unfair dismissal and discrimination arising from disability. The employer's failure to properly address her grievance and the victimisation she suffered after raising it were key factors. The tribunal noted that the employer's witnesses were not wholly straightforward and downplayed events.

Lessons for similar cases

This case shows that employers must take disability-related requests seriously, especially during a public health crisis. Ridiculing an employee's reasonable request for social distancing can amount to disability discrimination. It also highlights that victimisation can occur when an employee is penalised for raising a grievance about discrimination. For employees, this case demonstrates that resigning in response to a fundamental breach of contract can lead to a successful constructive dismissal claim, even without a formal grievance outcome.