Relay recovery driver with COPD and dyslexia loses constructive dismissal claim
A relay recovery driver with 13 years' service who resigned after being sent on an overloaded job lost his claims for constructive dismissal and disability discrimination. The tribunal found no fundamental breach of contract or failure to make reasonable adjustments.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #disability-discrimination
- #copd
- #dyslexia
- #reasonable-adjustments
- #return-to-work-plan
- #overloaded-vehicle
Key facts
- The claimant was employed as a relay recovery driver from February 2008 until his resignation on 31 August 2021.
- He suffered from COPD, emphysema, and dyslexia, which were accepted as disabilities.
- Upon returning from furlough in April 2021, he was moved to a smaller 7.5 tonne truck and given a phased return plan.
- The claimant alleged he was sent to jobs that overloaded his truck and that the respondent failed to make reasonable adjustments.
- He resigned citing a breakdown in trust and confidence, including a requirement to self-report heart issues to the DVLA.
- The tribunal found no breach of contract or discrimination and dismissed all claims.
Timeline
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Employment commenced
Claimant started work with Manchetts Limited as a relay recovery driver.
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Sick leave began
Claimant went on sick leave due to a severe chest infection and exacerbation of COPD.
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Occupational health report
Report recommended lifting limit of 15kg, walking limit of 100 yards, and avoidance of heavy physical tasks.
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Return to work plan agreed
Meeting to finalise adjustments including shift pattern, vehicle change, and phased return.
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Return to work
Claimant returned to work driving a 7.5 tonne truck with adjusted duties.
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Review meeting
Meeting to discuss progress; claimant raised concerns about job suitability and pay.
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Letter from Sean Manchett
Claimant directed to self-report to DVLA regarding heart issues; later found unnecessary.
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Final straw incident
Claimant sent to recover a Volkswagen Campervan which would have overloaded his truck; he went home early unwell.
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Resignation
Claimant resigned citing irretrievable breakdown of trust and confidence.
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ET1 claim presented
Claimant filed claims for constructive unfair dismissal and disability discrimination.
The legal issue
The tribunal had to decide whether the employer's actions—including the return-to-work plan, job allocation, and a request to self-report to the DVLA—amounted to a constructive dismissal and/or disability discrimination.
The outcome
The tribunal dismissed all claims. It found that the employer had made reasonable adjustments by moving the driver to a smaller truck and agreeing a phased return. The incident where he was sent to recover a Volkswagen Campervan did not breach his contract because the employer had no reason to believe the vehicle would overload the truck. The request to self-report to the DVLA was a genuine mistake, quickly rectified, and did not destroy trust and confidence. The driver's resignation was not in response to a fundamental breach, and the discrimination claims also failed because the employer had acted reasonably in light of his disabilities.
Lessons & takeaways
- Employers who implement a phased return and adjust duties based on occupational health advice are likely to be seen as acting reasonably.
- A single incident of being sent an unsuitable job will not usually amount to a fundamental breach if the employer had no knowledge it was unsuitable.
- A genuine mistake by management, quickly corrected, is unlikely to destroy trust and confidence for constructive dismissal purposes.
- Disability discrimination claims require proof that the employer knew or ought to have known of the disability and failed to make reasonable adjustments—reasonable steps will defeat the claim.
What this case shows
A relay recovery driver with 13 years' service, who suffered from COPD, emphysema, and dyslexia, resigned after returning from long-term sick leave. He claimed his employer had failed to make reasonable adjustments and had sent him on a job that overloaded his truck, destroying trust and confidence. The tribunal rejected all his claims, finding that the employer had acted reasonably throughout.
What the employer did right
The employer agreed a phased return, moved the driver to a smaller 7.5-tonne truck, and held regular welfare meetings. When the driver raised concerns about pay, they arranged a review. The disputed incident—being sent to recover a Volkswagen Campervan—was not a breach because the employer had no reason to think it would overload the truck. The request to self-report to the DVLA was a mistake, but the employer apologised and corrected it quickly.
Why the result matters
This case shows that tribunals will look at the overall picture, not isolated incidents. An employer who engages with occupational health, implements adjustments, and responds to concerns is likely to defeat claims of constructive dismissal and disability discrimination. For employees, it highlights that resigning in response to a single mistake or a disagreement over job suitability may not succeed unless there is a clear, fundamental breach of contract.
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