Partial win £22,476 awarded Employment Tribunal · 16 September 2022

Teacher with photo-sensitive epilepsy forced to resign after projector replaced with touchscreen

A tribunal found that a primary school failed to make reasonable adjustments for a teacher with photo-sensitive epilepsy after removing her projector and installing a touchscreen she could not use. She was awarded over £22,000.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant has photo-sensitive epilepsy, a disability accepted by the respondent.
  • The respondent removed the claimant's projector and installed a touchscreen without providing an alternative.
  • The claimant could not use the touchscreen due to her disability and suffered substantial disadvantage.
  • The claimant resigned on 18 September 2019 after discovering no plan to replace the projector.
  • The tribunal found the first respondent failed to make a reasonable adjustment and constructively dismissed the claimant.
  • The claim against the second respondent was dismissed.

Timeline

  1. Employment commenced

    Claimant started working as a part-time teacher at North Downs Primary School.

  2. First illness from touchscreen

    Claimant became ill after teaching in a classroom with a VividTouch screen and had to leave.

  3. Second illness in IT suite

    Claimant became ill after teaching in the IT suite using a VividTouch screen; deputy head assisted.

  4. Tested Illyama screen

    Claimant tested a new Illyama touchscreen; reported no major problems but felt unwell afterwards.

  5. Decision to remove projector

    Ms Knapp and Ms Douglass agreed to remove the projector from claimant's classroom.

  6. Claimant discovered projector removed

    Claimant returned to school and found the projector replaced with an Illyama touchscreen.

  7. OH referral made

    Occupational health referral made after claimant raised concerns.

  8. Resignation

    Claimant resigned after learning from Ms Knapp that there was no plan to reinstate the projector.

The outcome

The tribunal upheld the claims against the school (first respondent) but dismissed the claim against the head teacher (second respondent).

The key reasons were:

  • The school knew the teacher had photo-sensitive epilepsy and that touchscreens caused her to become ill.
  • Removing the projector without providing an alternative put her at a substantial disadvantage compared to non-disabled colleagues.
  • The school failed to take reasonable steps to avoid that disadvantage, such as retaining the projector or providing a suitable alternative.
  • This failure breached the implied term of trust and confidence, entitling the teacher to resign and claim constructive dismissal.

Compensation:

  • Basic award: £1,415.14
  • Compensatory award: £9,698.08
  • Total: £22,475.80 (including injury to feelings and an ACAS code uplift)

Lessons & takeaways

  • Employers must consider individual needs when making changes to workplace equipment that could affect disabled employees.
  • Removing a reasonable adjustment (like a projector) without providing a suitable alternative can amount to a failure to make reasonable adjustments.
  • A failure to make reasonable adjustments can also breach the implied term of trust and confidence, leading to a constructive dismissal claim.
  • Schools and other employers should involve disabled employees in decisions about workplace changes that affect them.
  • Occupational health referrals should be acted upon promptly, and adjustments should remain in place until a suitable alternative is agreed.

When a 'reasonable adjustment' is removed

This case shows how a seemingly simple decision – replacing a classroom projector with a touchscreen – can have serious consequences when an employer overlooks a disabled employee's specific needs. The teacher, who had photo-sensitive epilepsy, had previously become ill when teaching in rooms with similar touchscreens. Despite this, the school decided to remove her projector and install a new touchscreen without providing an alternative.

What went wrong

The school knew about the teacher's disability and had previously accommodated her by allowing her to use a projector. However, when the projector was removed, no plan was made to reinstate it or provide a suitable alternative. The teacher was left unable to deliver her lessons effectively, which put her at a substantial disadvantage compared to her non-disabled colleagues. The tribunal found that the school's failure to take reasonable steps – such as keeping the projector or finding a compatible alternative – was a clear breach of the duty to make reasonable adjustments.

Why this matters

This decision reinforces that employers cannot unilaterally remove adjustments that are working for a disabled employee without first consulting them and considering alternatives. The teacher's resignation in response to the school's failure was found to be a constructive dismissal, as the breach of trust and confidence went to the heart of the employment relationship. The compensation awarded – over £22,000 – reflects the injury to feelings and financial losses caused by the school's actions.

For employees in similar situations, this case highlights the importance of documenting requests for adjustments and the employer's responses. It also shows that resigning in response to a fundamental breach can be a valid option, but it must be done promptly and in response to the breach itself.

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