Nursery nurse who refused to self-isolate during pandemic loses constructive dismissal claim
A nursery nurse who resigned after receiving a final written warning for refusing to self-isolate despite being advised to do so has lost her constructive unfair dismissal and disability discrimination claims.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a nursery nurse from 1 November 2017 until her resignation on 18 September 2020.
- On 11 March 2020, the claimant was observed looking unwell and coughing; she told colleagues she had been advised to self-isolate but did not want to.
- The respondent investigated and held a disciplinary hearing, resulting in a final written warning for failing to follow a legitimate instruction and causing staff stress.
- The claimant resigned, citing bullying, harassment, and discrimination, but the tribunal found no breach of contract or discrimination.
- The tribunal concluded the respondent acted with reasonable and proper cause throughout the disciplinary process.
Timeline
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Employment started
Claimant began working as a nursery nurse at Foster Park Primary School.
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Disclosed asthma
Claimant disclosed she had asthma on a data capture form, but did not state it was a disability.
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Covid-19 email sent
Mrs Fenniche emailed staff to allay fears about Covid-19 after some staff had travelled to Italy.
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Incident at school
Claimant was observed looking unwell, coughing, and leaning against a wall; she told colleagues she had been advised to self-isolate but refused. She was sent home by management.
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Investigation started
Claimant was invited to an investigation meeting regarding allegations of failing to follow instructions and causing staff stress.
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Investigation meeting
Claimant attended an investigation meeting with a family friend; she denied the allegations.
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Disciplinary hearing invitation
Claimant was invited to a disciplinary hearing, warned that dismissal was possible.
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Disciplinary hearing
Hearing took place; claimant was accompanied by a union representative.
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Final written warning issued
Claimant received a final written warning for 18 months for failing to follow instructions and causing staff stress.
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Resignation
Claimant resigned, citing bullying, harassment, and discrimination.
The legal issue
The tribunal had to decide whether the school's disciplinary action and the nurse's subsequent resignation amounted to constructive unfair dismissal, direct disability discrimination, or discrimination arising from disability, and whether the school breached her contract.
The outcome
The tribunal dismissed all claims, ruling that the school had reasonable and proper cause for its actions.
- The nurse was given a final written warning for failing to follow a legitimate instruction to self-isolate and for causing stress to colleagues.
- The tribunal found that the nurse's asthma was not a disability under the Equality Act 2010, and even if it were, the school did not know or ought to have known about it.
- No compensation was awarded as all claims failed.
Lessons & takeaways
- Employers can take disciplinary action for refusing to follow reasonable instructions, especially during a public health crisis.
- An employee's medical condition may not be considered a disability if it does not have a substantial and long-term adverse effect on daily activities.
- To bring a successful constructive dismissal claim, an employee must show a fundamental breach of contract by the employer.
- Tribunals will consider the context of the COVID-19 pandemic when assessing the reasonableness of an employer's actions.
A disciplinary decision during the pandemic
This case highlights how employment tribunals assess the reasonableness of employer actions during a public health emergency. The nursery nurse, who had worked at Foster Park Primary School for nearly three years, was observed looking unwell and coughing in March 2020. She told colleagues she had been advised to self-isolate but did not want to. The school sent her home and later investigated, leading to a final written warning for failing to follow instructions and causing staff stress.
The nurse resigned, claiming constructive dismissal and disability discrimination based on her asthma. However, the tribunal found that the school acted with reasonable and proper cause throughout. The disciplinary process was fair, and the warning was proportionate given the seriousness of the conduct during a pandemic.
What the school did right
The school followed a proper procedure: it investigated, held a disciplinary hearing with the nurse accompanied by a union representative, and issued a final written warning rather than dismissal. The tribunal noted that the school had legitimate concerns about the risk to staff and children. The nurse's asthma was not found to be a disability under the Equality Act, as she had not disclosed it as a disability and it did not have a substantial long-term effect on her daily activities.
Why this matters for similar claims
For employees considering a constructive dismissal claim, this case shows that resigning in response to a disciplinary sanction is unlikely to succeed unless the employer has fundamentally breached the contract. Employers, meanwhile, can take comfort that reasonable disciplinary action during a crisis will be upheld, provided they follow fair procedures and act proportionately. The case also underscores that not every medical condition qualifies as a disability, and employers must have actual or constructive knowledge of a disability for discrimination claims to succeed.
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