Redeployment after disability: constructive dismissal claim fails
A production operator with bipolar disorder resigned claiming constructive dismissal and disability discrimination. The tribunal rejected all claims, finding the employer acted reasonably throughout.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Production Operator (Flexible) from January 2018.
- The claimant has bipolar rapid cycling disorder, anxiety, depression, and PTSD, which the respondent conceded as a disability from May 2019.
- The claimant agreed to remove night shifts, lone working, and health and safety critical duties in February and May 2020.
- The respondent placed the claimant on redeployment in June 2020 after she could not perform her substantive role.
- The claimant resigned on 29 January 2021, alleging constructive dismissal and disability discrimination.
- The tribunal found no breach of contract or unlawful discrimination.
Timeline
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Employment started
Claimant began work as a Production Operator (Flexible) at Northumbrian Water Limited.
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Occupational Health report
First OH report noted claimant's anxiety and depression, recommending review of night work.
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Agreed to cover night shifts
Claimant agreed to temporarily cover a Production Operator's shift pattern including night shifts.
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Panic attack at work
Claimant suffered a panic attack; night shifts were removed with her agreement.
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Second OH report
OH recommended no lone working; claimant agreed.
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Shift work removed
All shift work removed from claimant's rota; she worked fixed 8am-4pm.
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Redeployment process started
Claimant agreed to redeployment after being unable to perform her role.
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Unsuccessful interview
Claimant attended interview for Planner role but became distressed and could not continue.
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Redeployment paused
Respondent advised pausing redeployment due to claimant's deteriorating mental health; claimant agreed.
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Grievance raised
Claimant raised formal grievance about handling of her ill-health and redeployment.
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Resignation
Claimant resigned, citing fundamental breach of contract and failure to make reasonable adjustments.
The legal issue
The tribunal had to decide whether the employer's actions—including removing night shifts and starting redeployment—amounted to disability discrimination or a breach of trust and confidence that justified the employee resigning.
The outcome
The tribunal dismissed all claims. It found that Northumbrian Water Limited had made reasonable adjustments by removing night shifts and lone working, and had started a redeployment process with the claimant's agreement. The claimant's grievance was handled appropriately, and there was no evidence of discrimination or a fundamental breach of contract.
No compensation was awarded as the claims failed.
Lessons & takeaways
- Employers who engage with occupational health advice and make agreed adjustments are likely to be seen as reasonable, even if the employee remains unhappy.
- Agreeing to a redeployment process can protect an employer from claims of constructive dismissal, provided the process is genuine and supportive.
- Employees with disabilities should keep a clear record of any requests for adjustments and the employer's responses to support a potential discrimination claim.
A supportive employer or a failing one?
This case shows how a tribunal weighs an employer's actions when an employee with a known disability struggles to continue in their role. The claimant, a production operator with bipolar disorder, had agreed to a series of adjustments—removing night shifts, lone working, and shift work—before eventually being placed on redeployment. When the redeployment process stalled due to her deteriorating health, she resigned and claimed constructive dismissal and disability discrimination.
What the employer did right
The tribunal found that Northumbrian Water Limited had acted on occupational health advice, consulted the claimant at each stage, and paused redeployment when her mental health worsened. The judge noted that the employer's witnesses were 'sympathetic and supportive' and that the claimant's belief she deserved 'different and better treatment' did not mean discrimination had occurred. The key lesson for employers is that a documented, collaborative approach to adjustments—even when the employee ultimately cannot continue—can defeat claims of unfair treatment.
Why the claim failed
The tribunal rejected all six specific allegations of discrimination, including claims that the employer failed to make reasonable adjustments or subjected the claimant to a detriment. Because there was no unlawful act, there could be no fundamental breach of contract to support a constructive dismissal. The case underscores that constructive dismissal requires a serious breach going to the root of the contract—not merely a disagreement over how adjustments are managed.
What this means for similar cases
For employees with disabilities, this case highlights the importance of engaging with the employer's proposals and documenting any refusal of adjustments. For employers, it confirms that following occupational health advice and maintaining a supportive dialogue can provide a strong defence, even when the employment relationship ends in resignation.
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