Spray operator with 10 years' service loses constructive dismissal claim after resigning to retire
A spray operator who claimed constructive unfair dismissal and disability discrimination lost all claims at tribunal, which found he resigned to retire to Wales rather than because of any breach by his employer.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #constructive-dismissal
- #working-relationship-breakdown
- #grievance-procedure
- #protected-disclosure
Key facts
- The claimant was employed as a spray operator from 1 August 2011 until his resignation on 18 March 2021.
- The respondent accepted the claimant was disabled due to ME/CFS from 5 January 2019.
- The respondent made adjustments including reduced hours, lighter tasks, and flexible breaks from April 2020.
- The claimant's working relationship with colleagues was fractious, leading to multiple grievances.
- The claimant resigned on 17 March 2021, citing various alleged breaches, but the tribunal found he intended to retire to Wales.
- All claims of disability discrimination, unfair dismissal, and other detriments were dismissed.
Timeline
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Employment started
Claimant began working for the respondent as a spray operator.
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Disability acknowledged
Respondent accepted knowledge of claimant's disability (ME/CFS) from this date.
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Adjustments agreed
Tom Forrest met with claimant and implemented adjustments including reduced hours, lighter tasks, and flexible breaks.
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Sick note produced
Claimant provided a fit note dated 16 April 2020, then went off sick.
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First grievance lodged
Claimant lodged first grievance after a note left by James Slaven.
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Grievance meeting
Beth Mleczek met with claimant to discuss grievances; claimant left and raised further grievance.
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Return to work attempt
Claimant attended work but disagreed with phased return; agreed to take holiday and return on 19 October.
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Protected act grievance
Claimant raised grievance mentioning disability discrimination for the first time.
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Resignation
Claimant resigned, citing alleged breaches; tribunal found he intended to retire to Wales.
The legal issue
The tribunal had to decide whether the employer's actions amounted to disability discrimination, harassment, victimisation, constructive unfair dismissal, or other detriments, and whether the claimant was forced to resign due to the employer's conduct.
The outcome
The tribunal dismissed all claims brought by the claimant, including disability discrimination, failure to make reasonable adjustments, harassment, victimisation, constructive unfair dismissal, and other detriments.
The key reason was that the tribunal found the employer had made reasonable adjustments for the claimant's disability (ME/CFS) and had not breached the implied term of trust and confidence. The claimant's resignation was not in response to any breach but because he intended to retire to Wales.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer; resigning for personal reasons like retirement will not support a claim.
- Employers who make reasonable adjustments and engage with grievances are likely to defend disability discrimination claims successfully.
- Claimants should ensure their resignation is clearly linked to the employer's breach, not to other personal plans.
- Length of service does not automatically make a constructive dismissal claim stronger if the resignation is voluntary.
A case of resignation versus retirement
This case shows how important it is for employees to be clear about why they are resigning. The claimant, a spray operator with 10 years' service, had been struggling with ME/CFS and had received adjustments from his employer. However, after a series of grievances and a difficult working relationship with colleagues, he resigned. The tribunal found that his real reason for leaving was a planned retirement to Wales, not any breach of contract by the employer.
What the employer did right
The employer, AF Machinery Limited, had accepted the claimant's disability and implemented adjustments such as reduced hours, lighter tasks, and flexible breaks. They also dealt with his grievances through meetings and correspondence. The tribunal noted that the employer's actions were reasonable and did not destroy trust and confidence. This highlights that employers who engage with employee concerns and make genuine adjustments are in a strong position to defend claims.
Why the result matters
For employees considering a constructive dismissal claim, this case is a reminder that the burden is on them to show that the employer's conduct was so serious that they had no choice but to resign. If the tribunal finds that the resignation was for other reasons—such as personal plans to retire—the claim will fail. It also underscores that disability discrimination claims require evidence that the employer failed to make reasonable adjustments or treated the employee unfavourably because of their disability. Here, the employer's adjustments were deemed sufficient, and the claimant's grievances were not upheld.
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