Funeral service operative's constructive dismissal claim over disability discrimination fails
A funeral service operative with ulcerative colitis lost his constructive unfair dismissal and disability discrimination claims after the tribunal found no fundamental breach of contract or discrimination.
1 min read · Last updated 18 May 2026
Case details
- #ulcerative-colitis
- #sickness-absence
- #lack-of-contact
- #covid-19
- #grievance-process
- #lieu-days
Key facts
- The claimant was employed as a funeral service operative from August 2016 to June 2021.
- The claimant had ulcerative colitis, which the respondent accepted as a disability.
- The claimant raised a grievance about various incidents, which was investigated and dismissed.
- The claimant was on sick leave from September 2020 to June 2021 due to ulcerative colitis and anxiety.
- The claimant resigned on 10 June 2021, citing breach of trust and confidence.
- The tribunal found no fundamental breach of contract and no discrimination arising from disability.
Timeline
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Employment commenced
The claimant started working as a funeral service operative for the respondent.
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Alleged malicious text
The claimant alleged Georgina Bennett sent a malicious text about a dirty hearse; tribunal found no malice.
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Alleged malicious comments
The claimant alleged Wayne Morton made malicious comments; tribunal found no evidence.
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Prevented from attending funeral
The claimant alleged Paul Heaton prevented him from attending a friend's funeral; he eventually attended.
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Covid-19 pandemic begins in UK
The pandemic led to increased work and PPE requirements.
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Voluntary overtime scheme
The respondent asked for volunteers to work extra hours due to Covid; claimant did not volunteer.
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Verbal attack by Gareth Jones
The claimant alleged a verbal attack about 'on call' rules; tribunal found Mr Jones behaved inappropriately but not a breach.
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Two funerals with insufficient time
The claimant was tasked with two funerals close together; they were completed on time.
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Sickness absence began
The claimant was admitted to hospital with a flare-up of ulcerative colitis and began sick leave.
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Resignation
The claimant resigned, citing breach of trust and confidence, bullying, and unfair grievance process.
The legal issue
The tribunal had to decide whether the employer's actions (including a grievance process and lack of contact during sick leave) breached the implied term of trust and confidence, and whether the failure to keep in touch during sickness absence amounted to discrimination arising from disability.
The outcome
The tribunal dismissed all claims, including constructive unfair dismissal, disability discrimination, and unlawful deduction from wages.
Key reasons:
- The alleged incidents (e.g., malicious texts, verbal attacks) were either not proven or did not amount to a breach of contract.
- The lack of contact during the claimant's 9-month sick leave was not because of his disability but due to the pandemic and operational pressures.
- The grievance process was handled fairly.
No compensation was awarded.
Lessons & takeaways
- To succeed in a constructive dismissal claim, you must show a fundamental breach of contract by your employer that caused you to resign.
- A lack of contact during sickness absence may not be discriminatory if it is due to operational reasons rather than the disability itself.
- Raising a grievance does not automatically mean the employer has breached trust and confidence if it is investigated fairly.
- Keep a clear record of incidents you believe are breaches of contract, as the tribunal will examine each one closely.
A case of constructive dismissal and disability discrimination
This case shows the difficulty of proving constructive unfair dismissal when the alleged breaches are isolated incidents over a long period. The claimant, a funeral service operative with five years' service, resigned after a period of sick leave for ulcerative colitis, claiming the employer's conduct destroyed trust and confidence. The tribunal examined each incident individually and found none amounted to a fundamental breach.
What the employer did right
The tribunal noted that the employer investigated the claimant's grievance, even though it was dismissed. The lack of contact during the claimant's sick leave was explained by the pandemic and increased workload, not by his disability. The employer also accepted the claimant was disabled, which helped focus the case on the specific allegations.
Why the result matters
This case highlights that constructive dismissal claims require a serious breach of contract, not just a series of minor disagreements. Employees considering resignation should ensure they have clear evidence of a fundamental breach, and that they resign promptly in response to it. The tribunal's rejection of the discrimination claim also shows that a lack of contact during sick leave is not automatically discriminatory if it has a non-disability-related explanation.
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