GP contacted without consent: constructive dismissal and disability harassment win
A former employee with depression and anxiety was constructively dismissed after her employer contacted her GP without permission. The tribunal awarded over £54,000.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #disability-discrimination
- #depression-anxiety
- #gp-consent
- #aggravated-conduct
- #acas-uplift
- #injury-to-feelings
Key facts
- The claimant was disabled by reason of depression and anxiety from 2 June 2021.
- The claimant resigned in response to the respondent's conduct, amounting to constructive dismissal.
- The respondent asked the claimant's GP questions without her consent, constituting disability-related harassment.
- The respondent's conduct in relation to a reference was found to be aggravated.
- The tribunal awarded a total of £54,329.78 including basic and compensatory awards, injury to feelings, and aggravated damages.
Timeline
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Claimant became disabled
The claimant was found to be a disabled person by reason of depression and anxiety from this date.
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Prescribed period start
The prescribed period for recoupment began.
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Preliminary hearing
Employment Judge Maidment held a preliminary hearing and determined the claimant was disabled.
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Substantive hearing start
The main hearing began before Employment Judge Wade and members.
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Oral judgment given
The tribunal gave an extempore judgment finding constructive unfair dismissal and disability-related harassment.
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Final judgment and remedy
The tribunal issued the written judgment with detailed remedy calculations.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed and whether the employer subjected her to disability-related harassment by contacting her GP without consent.
The outcome
The tribunal found in favour of the claimant on both complaints.
- The employer's conduct, including asking the GP questions without consent and the handling of a reference, was so serious that the claimant was entitled to resign and claim constructive dismissal.
- The contact with the GP without consent amounted to disability-related harassment.
Compensation:
- Basic award: £2,176
- Compensatory award: £42,378.20 (including past and future loss of earnings and loss of statutory rights)
- Injury to feelings: £17,000
- Aggravated damages: £5,000
- Interest and ACAS uplift applied
- Total: £54,329.78
Lessons & takeaways
- Employers must obtain explicit consent before contacting an employee's GP about their health, especially when the employee has a known disability.
- Constructive dismissal claims can succeed when an employer's cumulative conduct, including unreasonable handling of references, makes continued employment untenable.
- Disability-related harassment can include actions that violate an employee's dignity or create an intimidating environment, even if not intentional.
- Aggravated damages may be awarded where an employer acts in a high-handed or malicious manner, such as providing a negative reference after the employee has resigned.
What this case shows in practice
This case highlights the importance of respecting an employee's medical privacy, particularly when they have a known disability. The former employee, who suffered from depression and anxiety, resigned after her employer contacted her GP without her consent. The tribunal found that this conduct, along with other actions, amounted to constructive unfair dismissal and disability-related harassment.
What the employer could have done differently
The employer could have avoided liability by simply asking for the claimant's consent before contacting her GP. Additionally, the handling of a reference after her resignation was found to be aggravated, leading to a £5,000 award. A more professional approach to references would have prevented this.
Why the result matters
This case serves as a reminder that employers must handle sensitive health information with care. The total award of over £54,000 reflects the seriousness of the breaches, including injury to feelings and aggravated damages. For employees in similar situations, it shows that resigning in response to serious employer misconduct can lead to a successful claim.
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