Social worker with dyspraxia placed on performance plan: disability discrimination partly upheld

What this case shows in practice

This case highlights the fine line between managing performance and discriminating against a disabled employee. The social worker, who had dyspraxia, was placed on informal and then formal performance improvement plans after her team leader introduced a new way of working. While the employer had provided most of the recommended auxiliary aids, the tribunal found that the performance plans themselves were unfavourable treatment because of something arising from her disability. The key issue was that the employer did not fully consider how the claimant's dyspraxia affected her performance before imposing the plans.

What the employer could have done differently

The London Borough of Enfield could have avoided liability by ensuring that the claimant completed training on the software provided as an auxiliary aid, and by exploring alternative ways to address performance concerns that took her disability into account. The tribunal noted that the employer had not completed the training process, which left the claimant without the full benefit of the adjustments. A more proactive approach to supporting the claimant's return to work after sick leave might also have prevented the situation escalating.

Why the result matters

This decision confirms that performance improvement plans can be a form of disability discrimination if they are imposed without proper consideration of the employee's disability-related needs. However, it also shows that constructive dismissal claims are difficult to win: the tribunal found no fundamental breach of contract, even though the employer had discriminated. For employees, this means that resigning and claiming constructive dismissal is a high-risk strategy; it is often better to raise grievances and seek reasonable adjustments first. For employers, the message is clear: performance management processes must be adapted for disabled employees, and simply providing equipment is not enough — training and support are essential.