Teacher wins £5,860 after school failed to disclose grievance documents
A tribunal found that South Essex Academy Trust failed to make reasonable adjustments for a disabled teacher by not providing all relevant grievance documents before a hearing. The teacher was awarded £5,860.27 for injury to feelings and unlawful wage deductions.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was a primary school teacher employed by the respondent from September 2011 until her resignation on 15 May 2017.
- The claimant suffered from stress-related anxiety and depression, which the tribunal found to be a disability under the Equality Act 2010.
- The respondent failed to provide the claimant with all relevant grievance documentation prior to a grievance hearing on 31 March 2017.
- The tribunal upheld the claimant's complaint of failure to make reasonable adjustments, awarding £5,000 for injury to feelings plus interest.
- The claimant's complaints of constructive unfair dismissal and harassment related to disability were dismissed.
- The respondent was also found to have made unlawful deductions from the claimant's wages between 1 September 2016 and 15 May 2017.
Timeline
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Employment started
The claimant began working for the respondent's predecessor as a primary school teacher.
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Incident with colleague
A heated exchange occurred between the claimant and another staff member, Diane Fogg, over the PE co-ordinator role.
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Sickness absence began
The claimant went on sick leave due to stress, which later developed into a long-term mental impairment.
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Pay appeal hearing
The claimant's appeal against a decision not to progress her to UPS1 pay scale was heard and upheld.
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Grievance outcome
The respondent upheld parts of the claimant's grievance, including correcting her pay scale and making a goodwill payment.
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Return to work
The claimant returned to work full-time after a phased return.
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Second sickness absence
The claimant went on sick leave again due to stress, and did not return to work before her resignation.
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Sickness absence review meeting
A meeting was held to discuss the claimant's absence; the claimant found it distressing.
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Grievance hearing in claimant's absence
The respondent proceeded with the grievance hearing despite the claimant not attending, due to non-disclosure of documents.
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Resignation
The claimant resigned with immediate effect, citing a breakdown in trust and confidence.
The legal issue
The tribunal had to decide whether the school breached its duty to make reasonable adjustments by not providing the teacher with all relevant grievance documents before a hearing, and whether this constituted constructive unfair dismissal or harassment.
The outcome
The tribunal partially upheld the teacher's claims. It found that South Essex Academy Trust failed to make reasonable adjustments by not disclosing all relevant grievance documents before a hearing on 31 March 2017, which put the teacher at a substantial disadvantage due to her stress-related anxiety and depression. The teacher was awarded £5,000 for injury to feelings plus interest, and the trust was also found to have made unlawful deductions from her wages between 1 September 2016 and 15 May 2017.
- Injury to feelings: £5,000
- Unlawful wage deductions: amount not specified separately
- Total damages: £5,860.27
The complaints of constructive unfair dismissal and harassment related to disability were dismissed.
Lessons & takeaways
- Employers must disclose all relevant documents to employees with disabilities before grievance hearings to avoid a failure to make reasonable adjustments.
- Withholding documents can be a 'provision, criterion or practice' that puts disabled employees at a substantial disadvantage.
- Employees should request all relevant documents in advance and note any failures as potential evidence of discrimination.
- Even if other claims fail, a successful reasonable adjustments claim can still result in compensation for injury to feelings.
- Unlawful deductions from wages can be claimed separately and may succeed even if other discrimination claims do not.
A procedural failure with real consequences
This case shows how a seemingly administrative oversight — failing to provide all grievance documents — can amount to disability discrimination. The teacher, who suffered from stress-related anxiety and depression, was preparing for a grievance hearing. The school did not give her all the relevant paperwork, which the tribunal found placed her at a substantial disadvantage compared to non-disabled employees. The stress of navigating the process without full information exacerbated her condition.
What the school could have done differently
The trust could have avoided liability by simply providing the documents. The tribunal noted that the teacher had requested them, and the failure was not justified. A reasonable adjustment would have been to ensure she had everything she needed to participate fully. Instead, the school proceeded with the hearing in her absence, which the tribunal found to be a breach of the duty to make reasonable adjustments.
Why this matters for similar claims
This case is a reminder that reasonable adjustments are not just about physical changes to the workplace. They can include procedural adjustments, such as providing information in advance. For employees with mental health conditions, the way information is shared can be critical. The award of £5,000 for injury to feelings reflects the distress caused by this failure, even though the teacher's other claims (constructive dismissal and harassment) were dismissed. It shows that a partial win can still bring meaningful compensation.
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