Store manager with diabetes resigns: constructive dismissal claims rejected
A store manager with diabetes who resigned after a disciplinary investigation failed to prove constructive dismissal or disability discrimination. The tribunal found Lidl had made reasonable adjustments and had not harassed him.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #reasonable-adjustments
- #harassment
- #constructive-dismissal
- #holiday-pay
- #data-subject-access-request
Key facts
- The claimant was employed as a store manager from November 2016 until he resigned in January 2021.
- The claimant had diabetes, lost toes, and lost eyesight in one eye, which the respondent accepted as a disability.
- The claimant was moved to different stores and had periods of sickness absence.
- The respondent referred the claimant to Occupational Health multiple times and made some adjustments.
- The claimant raised grievances about his treatment and was subject to a disciplinary investigation for alleged bullying.
- The claimant resigned before the disciplinary hearing and claimed constructive unfair dismissal.
Timeline
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Started employment at Maldon store
The claimant began working as a store manager at the Maldon store.
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Toe amputation
The claimant had a toe amputated following an accident in late 2016.
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Occupational Health report
Occupational Health reported the claimant was fit to continue his full working role without adjustments.
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Return to work and move to Braintree
The claimant returned to work after a period of sickness and was moved to the Braintree store with a phased return.
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Transferred to Halstead store
The claimant moved to the Halstead store, where he initially did mainly office work.
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Increased shop floor duties
Due to staffing pressures, the claimant had to spend more time on the shop floor and pull pallets.
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Occupational Health recommendation
Occupational Health recommended the claimant be office-based for 70% of the time due to foot pain.
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Moved to Chelmsford store
The claimant was transferred to Chelmsford to allow an investigation into complaints against him.
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Adjustments agreed
The claimant's new manager agreed that he should not pull pallets and should limit time on his feet.
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Resignation
The claimant resigned with immediate effect, citing a breach of trust and confidence.
The legal issue
The tribunal had to decide whether the respondent had harassed the claimant related to his disability, failed to make reasonable adjustments, and whether the claimant was constructively unfairly dismissed when he resigned before a disciplinary hearing.
The outcome
The tribunal dismissed all claims brought by the store manager against Lidl GB.
The key reasons were:
- The alleged conduct (being asked to step down, moved stores, required to do shop floor work) was not related to disability or did not amount to harassment.
- Lidl had made reasonable adjustments, including moving the claimant to office-based roles and agreeing he should not pull pallets.
- The claimant resigned before the disciplinary hearing; the tribunal found no fundamental breach of contract by Lidl, so there was no constructive dismissal.
- The holiday pay claim was also dismissed.
No compensation was awarded.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer; resigning before a disciplinary hearing makes it harder to prove the employer caused the resignation.
- Employers who engage with Occupational Health and implement recommended adjustments are likely to satisfy their duty to make reasonable adjustments.
- A data subject access request (DSAR) delay alone is unlikely to amount to a fundamental breach of contract unless it causes serious harm.
- Tribunals will consider whether the employer's actions were reasonable in the circumstances, not whether they were perfect.
This case shows the difficulty of proving constructive dismissal when an employee resigns before a disciplinary process has concluded. The store manager, who had diabetes and lost toes and eyesight in one eye, resigned after being told he faced a disciplinary hearing over alleged bullying. He claimed Lidl had harassed him, failed to make reasonable adjustments, and forced him out.
What the tribunal found
The tribunal accepted that Lidl had made several adjustments: moving him to different stores, agreeing he should not pull pallets, and limiting time on his feet. Occupational Health reports were obtained and recommendations followed. The tribunal found no evidence that managers asked him to step down or that his moves were disability-related. The disciplinary investigation was triggered by complaints from colleagues, not his disability.
Why the claims failed
The key issue for constructive dismissal is whether the employer's conduct amounted to a fundamental breach of contract. The tribunal found that Lidl's actions — including delays in responding to a data subject access request and re-investigating old matters — did not destroy trust and confidence. The claimant resigned before the disciplinary hearing, so the tribunal could not assess whether the outcome would have been fair. The harassment and reasonable adjustment claims also failed because Lidl had acted reasonably in response to his disability.
What this means for similar claims
Employees considering resigning and claiming constructive dismissal should be aware that they must show the employer committed a serious breach first. Resigning prematurely can undermine the claim. For employers, this case reinforces the importance of obtaining Occupational Health advice and implementing reasonable adjustments — even if the employee remains unhappy, the tribunal may still find the employer acted fairly.
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