Council failed to adjust duties for loader with depression: constructive dismissal and discrimination
A driver/loader with depression was constructively dismissed after Dacorum Borough Council refused to let him work as a loader and later changed his terms. The tribunal awarded £24,324.43.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent from September 2019 to 11 February 2022 as a driver/loader.
- The claimant had a disability (depression) at all relevant times.
- The respondent breached its duty to make reasonable adjustments by failing to allow the claimant to work shifts as a loader between September 2020 and May 2021.
- The respondent discriminated against the claimant by refusing to allow him to carry out driving duties after his medical suspension ended.
- The respondent discriminated against the claimant by informing him of a change in his terms and conditions to Loader, Band 5 SCP 11.
- The claimant's dismissal was unfair and a contravention of the Equality Act 2010.
Timeline
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Employment started
Claimant began employment with Dacorum Borough Council as a driver/loader.
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Reasonable adjustment request
Claimant requested to work shifts as a loader due to his disability; respondent failed to allow this.
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Medical suspension ended
After medical suspension, respondent refused to allow claimant to carry out driving duties.
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Market supplement letter
Respondent informed claimant he did not qualify for a £5,000 market supplement because he could not drive at all times.
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Change of terms letter
Respondent informed claimant of a change in his terms and conditions to Loader, Band 5 SCP 11.
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Employment ended
Claimant's employment ended by constructive dismissal.
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New job started
Claimant commenced work via a temporary work agency.
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Liability hearing started
Liability hearing held at Watford Employment Tribunal.
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Liability judgment
Liability judgment issued, finding discrimination and unfair dismissal.
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Remedy hearing
Remedy hearing held to determine compensation.
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Remedy judgment
Remedy judgment issued, awarding total of £24,324.43.
The legal issue
The tribunal had to decide whether Dacorum Borough Council discriminated against the employee by failing to allow him to work as a loader (a reasonable adjustment) and by treating him unfavourably because of his disability, and whether his resignation amounted to constructive unfair dismissal.
The outcome
The tribunal upheld the employee's claims for failure to make reasonable adjustments, discrimination arising from disability, and unfair constructive dismissal.
Key reasons:
- The council failed to allow the employee to work as a loader between September 2020 and May 2021, which was a reasonable adjustment.
- After his medical suspension ended, the council refused to let him drive, and later changed his terms to a lower-paid loader role, both acts of discrimination.
- The employee resigned in response to the council's conduct, making it a constructive dismissal.
Compensation:
- Injury to feelings: £12,000
- Interest on injury to feelings: £2,456.55
- Basic award: £1,632
- Loss of statutory rights: £300
- Past financial loss: £5,600.26
- Future financial loss: £2,074.17
- Interest on past financial loss: £261.45
- Total: £24,324.43
Lessons & takeaways
- If you have a disability, your employer must consider reasonable adjustments to your role or working pattern; failing to do so can be discrimination.
- Constructive dismissal occurs when your employer's conduct is so serious that you have no choice but to resign; keep evidence of any breaches of trust or contract.
- Even if you are out of time for some claims, tribunals may extend time if it is just and equitable, especially if the discrimination is ongoing.
- Representing yourself is possible but challenging; the tribunal will consider your case on its merits, but legal advice can help navigate complex issues.
A case of missed adjustments
This case shows how a failure to make simple adjustments can escalate into a successful discrimination and unfair dismissal claim. The employee, who had depression, worked as a driver/loader for Dacorum Borough Council. He asked to work shifts as a loader only, which his disability required. The council refused for months, and later, after a medical suspension, it would not let him drive either. It then tried to change his terms to a lower-paid loader role, which prompted his resignation.
The tribunal found that the council had breached its duty to make reasonable adjustments by not allowing the loader-only shifts. It also found that the council discriminated against the employee by refusing driving duties after the suspension and by imposing the new terms. The employee's resignation was a constructive dismissal because the council's conduct destroyed the trust and confidence needed for the employment relationship.
What the council could have done differently
The council could have avoided this outcome by engaging with the employee's request for a temporary change to loader duties. A simple adjustment to his shift pattern would have been low cost and high impact. Instead, it took a rigid approach, which the tribunal said was not a proportionate means of achieving a legitimate aim. The council also failed to consider updated medical evidence and did not consult properly before changing terms.
Why this matters
This case is a reminder that employers must take reasonable adjustments seriously, especially for employees with mental health conditions. The fact that the employee had only two years and five months' service did not prevent his claims succeeding. The tribunal also extended time for one of the claims because it was just and equitable to do so. For employees, it shows that keeping a record of requests and responses is vital, and that resigning in response to a fundamental breach of contract can lead to compensation for injury to feelings and financial losses.
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