Dyslexic support worker wins constructive dismissal after unequal discipline
A part-time support worker with dyslexia was constructively dismissed after being disciplined for an argument while a colleague was not. The tribunal awarded £5,687, including a 20% ACAS uplift for failing to hold a grievance meeting.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned after being invited to a disciplinary meeting while a colleague involved in the same incident was not disciplined.
- The claimant is dyslexic, which was accepted as a disability under the Equality Act 2010.
- The respondent failed to make reasonable adjustments for the claimant's dyslexia.
- The claimant was awarded £4,000 for injury to feelings plus interest.
- The respondent did not hold a grievance meeting with the claimant, leading to a 20% ACAS uplift.
Timeline
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Incident leading to resignation
An argument occurred between the claimant and a colleague, Ms Fraj, which led to disciplinary proceedings.
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Resignation
The claimant resigned after being told that Ms Fraj would not face disciplinary action.
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Claim presented
The claimant presented her claim to the Employment Tribunal.
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Unless order made
Employment Judge Manley made an unless order requiring the claimant to respond to a direction by 30 January 2017.
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Claim dismissed
The claim was dismissed due to non-compliance with the unless order.
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Reinstatement hearing
Employment Judge Hyams reinstated the claim, finding it in the interests of justice.
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Liability hearing (start)
The liability hearing took place over 15-17 October 2018.
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Remedy hearing
The remedy hearing was held, resulting in an award of £5,687.07.
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Remedy judgment sent
The written remedy judgment was sent to the parties.
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Reconsideration refused
The claimant's application for reconsideration of the remedy judgment was refused.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed, subjected to direct race discrimination, and whether the respondent failed to make reasonable adjustments for her dyslexia.
The outcome
The tribunal upheld the claimant's complaint of constructive unfair dismissal and failure to make reasonable adjustments. It found that the respondent's decision to discipline the claimant but not the colleague involved in the same incident was a fundamental breach of contract, entitling her to resign. The respondent also failed to provide any support for her dyslexia, which was a disability.
Compensation:
- Basic award: £647.07
- Compensatory award: £420.00
- Injury to feelings: £4,000.00
- Interest on injury to feelings: £220.00
- ACAS uplift (20%): £400.00
- Total: £5,687.07
Lessons & takeaways
- If you are disciplined for an incident where a colleague is not, this may be evidence of constructive dismissal.
- Employers must make reasonable adjustments for employees with dyslexia, such as providing written materials in accessible formats or allowing extra time for responses.
- Failing to hold a grievance meeting before an employee resigns can lead to an ACAS uplift of up to 25% on compensation.
- Keep a record of any requests for reasonable adjustments and the employer's response, as this can be crucial evidence.
What this case shows in practice
This case highlights how unequal treatment in disciplinary proceedings can lead to a finding of constructive dismissal. The claimant, a part-time support worker, was invited to a disciplinary meeting after an argument with a colleague, while the colleague faced no action. The tribunal found that this disparity was a fundamental breach of the implied term of trust and confidence, justifying her resignation.
Additionally, the respondent knew the claimant was dyslexic but failed to make any reasonable adjustments. The tribunal noted that even simple steps, such as providing information in a clear format or allowing extra time, could have made a difference. This failure amounted to disability discrimination.
What the losing side could have done differently
The respondent could have avoided liability by treating both employees consistently in the disciplinary process. If there were genuine reasons for different treatment, these should have been clearly documented and communicated. The respondent also should have engaged with the claimant's dyslexia, for example by conducting a workplace needs assessment or providing support during meetings.
Crucially, the respondent did not hold a grievance meeting with the claimant before she resigned. The ACAS Code of Practice on Disciplinary and Grievance Procedures recommends that employers meet with employees to discuss grievances. The tribunal applied a 20% uplift because the respondent unreasonably failed to comply with this requirement.
Why the result matters for similar claims
This case shows that even part-time workers with short service can succeed in constructive dismissal claims if the employer's conduct is sufficiently serious. It also demonstrates that tribunals will scrutinise whether employers have made reasonable adjustments for dyslexia, which is a common but often overlooked disability. The ACAS uplift serves as a reminder that procedural failures can significantly increase compensation.
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