Inventory operative loses constructive dismissal claim over face mask policy and grievance handling
An inventory operative with five years' service who resigned after a dispute over face masks and a grievance about disability discrimination has lost her constructive dismissal and disability discrimination claims.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as an Inventory Operative from 4 July 2016 to 23 October 2021.
- The claimant was disabled due to depression at all material times.
- On 22 and 23 July 2021, the claimant attended work without a face covering and had discussions with managers about the respondent's face mask policy.
- The claimant raised a grievance on 25 July 2021 alleging disability discrimination.
- The respondent did not know the claimant was disabled until she raised her grievance.
- The claimant resigned on 23 October 2021, claiming constructive dismissal.
Timeline
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Employment started
The claimant began working for the respondent.
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Role change
The claimant transferred to the role of Inventory Operative.
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First face mask incident
The claimant attended work without a face covering; Mr Williams challenged her and eventually provided a disposable mask.
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Second face mask incident
The claimant again forgot her face covering; Mr Alford and Ms Beardmore provided a disposable mask after discussion.
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Grievance raised
The claimant submitted a formal grievance against Mr Williams and Mr Alford, alleging disability discrimination.
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First grievance meeting
The claimant attended a grievance meeting with union representative Mr Baptiste.
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Grievance meeting reconvened
The grievance meeting continued; witness statements were provided to the claimant.
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Grievance outcome
Mr Trowhill dismissed the grievance, though noted Mr Alford could have acted more quickly.
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Panic attack
The claimant had a panic attack after encountering Mr Salmon at work and went home.
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Resignation
The claimant resigned, citing discrimination and mishandling of her grievance.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed due to the respondent's handling of her grievance and face mask incidents, and whether she was directly discriminated against, harassed, or subjected to a failure to make reasonable adjustments because of her disability.
The outcome
The tribunal dismissed all claims. The key reasons were:
- The respondent did not know the claimant was disabled until she raised her grievance on 25 July 2021, so earlier actions could not be discriminatory.
- The grievance was handled reasonably: meetings were held, witnesses were interviewed, and the outcome was communicated. The respondent's failure to obtain an occupational health report before the grievance outcome was not a breach of trust and confidence.
- The incident on 8 October 2021 (encountering a manager) did not amount to harassment or a failure to make reasonable adjustments.
- The claimant resigned voluntarily; the respondent's conduct was not so serious as to justify resignation.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Employers cannot be liable for disability discrimination if they did not know about the disability at the time of the alleged discriminatory act.
- A grievance process that includes meetings, witness statements, and a reasoned outcome is likely to be considered reasonable, even if the employee disagrees with the result.
- To succeed in a constructive dismissal claim, the employee must show that the employer's conduct was so serious that it fundamentally breached the contract of employment.
A dispute over face masks leads to resignation
This case shows how a workplace disagreement over Covid-19 safety rules can escalate into a legal claim, but also how the law sets a high bar for constructive dismissal. The claimant, an inventory operative with five years' service, had two incidents in July 2021 where she attended work without a face covering. Managers challenged her and provided disposable masks. She felt singled out because of her disability (depression) and raised a grievance alleging discrimination.
The respondent handled the grievance over several weeks, holding meetings and considering witness statements. The grievance was dismissed in September 2021, though one manager was noted to have acted slowly. The claimant then had a panic attack in October after encountering a senior manager and resigned, claiming constructive dismissal.
Why the claims failed
The tribunal found that the respondent did not know the claimant was disabled until she raised her grievance. Therefore, the face mask incidents on 22 and 23 July could not be acts of discrimination. The grievance process itself was reasonable: the respondent investigated, gave the claimant an opportunity to be heard, and provided a written outcome. The failure to obtain an occupational health report before the grievance outcome was not a breach of trust and confidence, as the respondent had offered to arrange one later.
The incident on 8 October 2021, where the claimant had a panic attack after seeing a manager, was not harassment or a failure to make reasonable adjustments. The manager was simply walking through the warehouse, and the respondent had no reason to anticipate the claimant's reaction.
What this means for similar claims
This case reinforces that employers need actual or constructive knowledge of a disability before discrimination claims can succeed. It also shows that a fair grievance process can protect an employer from constructive dismissal claims, even if the employee is unhappy with the outcome. Employees considering resignation should ensure that the employer's conduct is truly fundamental before claiming constructive dismissal.
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