Pub team leader with anxiety wins disability discrimination claim over reasonable adjustments
A tribunal found that a pub company failed to make reasonable adjustments for a team leader with anxiety and depression, awarding her £15,025 in compensation.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a team leader at a pub from 8 February 2016.
- She suffered from anxiety and depression, which was a long-term disability.
- A new manager, Mr Ferguson, took over in January 2020 and made changes to working practices.
- The claimant raised a grievance about Mr Ferguson's conduct, which was not adequately investigated.
- The respondent failed to make reasonable adjustments by objecting to the claimant's mother attending a meeting and by sending an AWOL letter without warning.
- The claimant resigned on 29 September 2020 after discovering an email drafted by HR.
Timeline
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Employment started
Claimant began working as a team leader at Quakerwood Park pub.
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Email about mental health
Claimant emailed Mr Harrison about her stress, anxiety, and depression.
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New manager started
Mr Ferguson started as pub manager.
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First incident with crock pot
Mr Ferguson criticised claimant for not removing a crock pot after check-back.
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Grievance submitted
Claimant raised grievance about Mr Ferguson's conduct and disability discrimination.
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Grievance meeting
Claimant attended grievance meeting with Mr Harrison, accompanied by her mother.
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Grievance outcome
Grievance partially upheld but discrimination allegations not addressed.
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Phone call from Mr Harrison
Mr Harrison called claimant without notice; objected to her mother being present.
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Return to work meeting
Meeting with Mr Want; his mother briefly appeared on screen.
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AWOL letter sent
Claimant received disciplinary invite after sick note expired; caused distress.
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Resignation
Claimant resigned with four weeks' notice after discovering HR drafted an email.
The legal issue
The tribunal had to decide whether the employer failed to make reasonable adjustments for the claimant's disability (anxiety and depression) under the Equality Act 2010, and whether she was constructively dismissed or discriminated against.
The outcome
The tribunal upheld the claim for failure to make reasonable adjustments but dismissed claims for constructive unfair dismissal, direct disability discrimination, and discrimination arising from disability.
Compensation awarded:
- Total: £15,025.12 (including injury to feelings and holiday pay)
- The award included an uplift for unreasonable failure to follow the ACAS code of practice on grievance handling.
Lessons & takeaways
- Employers must consider and implement reasonable adjustments for disabled employees, such as allowing a support person at meetings.
- Sending an AWOL letter without prior warning can be a failure to make reasonable adjustments if it causes distress to a disabled employee.
- Properly investigating grievances is crucial; failing to address discrimination allegations can lead to liability.
- The ACAS code of practice on disciplinary and grievance procedures should be followed; failure can result in an uplift of compensation.
What this case shows in practice
This case highlights how employers can inadvertently discriminate against disabled employees by failing to make simple adjustments. The claimant, a team leader at a pub, suffered from anxiety and depression. When a new manager made changes to working practices, she raised a grievance. The employer's response included objecting to her mother accompanying her to a meeting and later sending an AWOL letter without warning, which caused significant distress.
What the losing side could have done differently
G K Retail Services Ltd could have avoided liability by taking the claimant's disability seriously. Allowing her mother to attend meetings as a support person would have been a straightforward adjustment. Instead of sending an AWOL letter, the employer should have contacted her to discuss her absence. Properly investigating the grievance and addressing the discrimination allegations would have also helped.
Why the result matters for similar claims
This decision reinforces that reasonable adjustments are not optional for disabled employees. Employers must be proactive in identifying and implementing adjustments, especially for mental health conditions. The tribunal's award included an uplift for failing to follow the ACAS code, emphasizing the importance of fair procedures. For employees, this case shows that even if a constructive dismissal claim fails, a failure to make reasonable adjustments claim can succeed if the employer's actions cause disadvantage.
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