Social worker with 23 years' service wins constructive dismissal after council failed to make adjustments
A social worker with 23 years' service was constructively unfairly dismissed after her employer failed to implement Access to Work recommendations and refused a transfer. The tribunal found the council's conduct destroyed trust and confidence.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #disability-discrimination
- #reasonable-adjustments
- #access-to-work
- #failure-to-transfer
- #long-term-sickness
Key facts
- The claimant was employed as a social worker from 23 July 2018 with continuity from 29 November 1999.
- She had disabilities of Ehlers Danlos Syndrome and mild cognitive impairment.
- She resigned on 14 June 2021 with an effective date of termination of 13 July 2021.
- The respondent failed to implement Access to Work recommendations from July 2020.
- The respondent refused to allow the claimant to transfer to the Integrated Discharge Team despite vacancies.
- The claimant's grievance about lack of formal handover was partially upheld.
Timeline
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Employment started
Claimant commenced employment with respondent as a social worker.
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Grievance raised
Claimant raised a grievance about her experience in the North Team.
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Grievance outcome
Griff Jones issued grievance outcome with eight recommendations, including a formal handover for team moves.
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Return to work in IDT
Claimant returned to work in the Integrated Discharge Team on a phased return.
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Options meeting
Claimant was given options; she chose to move to the East Team.
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Started in East Team
Claimant commenced work in the East Team without a formal handover.
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Email about difficulties
Claimant emailed manager about feeling overwhelmed and requested adjustments.
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Went on sick leave
Claimant went on sick leave due to work-related stress.
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Fit for work
Claimant was discharged from haematology clinic and declared fit for work.
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Second grievance
Claimant submitted a grievance about lack of adjustments and refusal to transfer to IDT.
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Grievance appeal outcome
Claire Scott upheld grievance in part but refused transfer to IDT.
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Resignation
Claimant resigned after being told no availability in IDT.
The legal issue
The tribunal had to decide whether the council's conduct – including failing to implement reasonable adjustments and refusing a transfer – was so serious that it destroyed the trust and confidence needed for the employment relationship, allowing the social worker to resign and claim constructive unfair dismissal.
The outcome
The tribunal found that the social worker was constructively unfairly dismissed. The council had failed to implement Access to Work recommendations from July 2020 and refused her request to transfer to the Integrated Discharge Team, despite vacancies. These failures, combined with a lack of formal handover when she moved teams, amounted to a fundamental breach of the implied term of trust and confidence.
The social worker resigned in June 2021 after her grievance appeal partially upheld her complaints but still refused the transfer. The tribunal made no reduction for contributory fault. A remedy hearing will determine compensation.
Lessons & takeaways
- Employers must implement Access to Work recommendations promptly – delays of months can be a fundamental breach of contract.
- Refusing a disabled employee's request to transfer to a less stressful role, even if there are vacancies, may be unreasonable and lead to a constructive dismissal claim.
- Long-serving employees are entitled to expect a higher standard of support and reasonable adjustments from their employer.
- If you resign because of your employer's conduct, you must not delay too long or you may be deemed to have accepted the breach and lost the right to claim.
A breakdown of trust and confidence
This case shows how a series of failures by an employer can add up to a fundamental breach of the employment contract. The social worker, who had 23 years' continuous service with the council, suffered from Ehlers Danlos Syndrome and mild cognitive impairment. She had been managing her conditions with adjustments, but things began to unravel when she moved to a new team in September 2020.
Despite a grievance outcome in January 2020 that recommended a formal handover for team moves, the council did not provide one. The social worker felt overwhelmed and went on sick leave in December 2020. Crucially, the council had received Access to Work recommendations in July 2020 but failed to implement them. When she asked to transfer to the Integrated Discharge Team – a role she had previously done successfully – the council refused, even though there were vacancies.
What the council could have done differently
The tribunal noted that the council had opportunities to put things right. It could have implemented the Access to Work recommendations promptly. It could have agreed to the transfer, which would have been a reasonable adjustment. Instead, it treated the social worker's requests as optional. The grievance appeal in May 2021 partially upheld her complaints but still refused the transfer, leaving her with no option but to resign.
Why this matters for similar claims
This case is a reminder that constructive dismissal claims can succeed when an employer's conduct, taken as a whole, destroys trust and confidence. For employees with disabilities, failures to make reasonable adjustments can be a key part of that conduct. The fact that the social worker had long service also weighed in her favour – the tribunal expected a higher standard of care from the council. A remedy hearing will now decide the compensation, which could be substantial given her length of service and the impact on her health.
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