Removal of temporary sign-on location: constructive dismissal claim fails
A roadside technician with 15 years' service resigned after his employer ended a temporary sign-on arrangement. The tribunal found no constructive dismissal or disability discrimination.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a roadside technician from 10 November 2003 until 5 April 2019.
- From April 2018, the claimant was allowed to sign on at Tamworth instead of Birmingham as a temporary adjustment.
- In February 2019, the respondent decided to end the Tamworth sign-on arrangement and require the claimant to sign on in Birmingham.
- The claimant resigned on 8 March 2019, citing the removal of the adjustment and comments made by his manager.
- The tribunal found that the claimant did not establish group disadvantage for indirect discrimination or substantial disadvantage for reasonable adjustments.
- The tribunal found no breach of contract and dismissed the constructive unfair dismissal claim.
Timeline
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Employment started
Claimant began employment as a roadside technician on patrol.
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Temporary sign-on at Tamworth
Mr Totty allowed the claimant to sign on at Tamworth as a temporary adjustment to reduce stress from working in Birmingham.
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Mr Foxall becomes line manager
Mr Totty was made redundant and Mr Foxall became the claimant's line manager.
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One-to-one meeting
Mr Foxall discussed the claimant's performance and indicated he would review the Tamworth sign-on arrangement.
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Occupational health report
Occupational health recommended continuing the Tamworth sign-on if feasible, noting positive effects on the claimant's mental health.
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Risk assessment
A risk assessment was conducted after the claimant's sickness absence; risk was assessed as low.
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Meeting to discuss absence and adjustments
Mr Foxall informed the claimant that the Tamworth sign-on would not continue, citing six reasons. The claimant became upset.
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Claimant applies for new job
The claimant applied for a job with Farrell as an agricultural technician.
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Interview and job offer
The claimant interviewed with Farrell and was offered a job the same day.
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Reconvened meeting and resignation
The meeting continued; the claimant refused a re-referral to occupational health and other adjustments. He resigned later that day.
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Resignation accepted
The respondent accepted the claimant's resignation, effective 5 April 2019.
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Employment terminated
The claimant's employment ended.
The legal issue
The tribunal had to decide whether removing a temporary sign-on location and related comments by a manager amounted to constructive unfair dismissal, indirect disability discrimination, or a failure to make reasonable adjustments.
The outcome
The tribunal dismissed all claims. It found that the respondent had legitimate operational reasons for requiring the claimant to sign on in Birmingham, including fairness to other staff and the need for face-to-face contact. The claimant's resignation was not in response to a fundamental breach of contract.
The tribunal also rejected the disability discrimination claims. The claimant did not show that the requirement to sign on in Birmingham put him at a substantial disadvantage compared with non-disabled employees, nor that it was a provision, criterion or practice that disadvantaged disabled people generally.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Temporary adjustments do not automatically become permanent; employers can end them for good business reasons.
- To succeed in a constructive dismissal claim, you must show a fundamental breach of contract that caused your resignation.
- For a reasonable adjustments claim, you need evidence that the adjustment was needed to avoid a substantial disadvantage compared with non-disabled employees.
- Indirect discrimination requires showing that a workplace rule puts a particular group at a disadvantage – individual impact may not be enough.
When a temporary adjustment ends
This case shows the limits of relying on temporary workplace adjustments as a basis for constructive dismissal or disability discrimination claims. The claimant, a roadside technician with 15 years' service, had been allowed to sign on at a local depot instead of the main Birmingham office as a temporary measure to reduce stress. When a new manager reviewed the arrangement and decided to end it, the claimant resigned, arguing this was a breach of contract and disability discrimination.
The tribunal accepted that the employer had sound operational reasons for the change, including consistency across the team and the need for direct supervision. The manager had also offered alternatives, such as a re-referral to occupational health, which the claimant refused. The key lesson is that temporary adjustments are not permanent rights, and employers can reverse them if they have good business justification and follow a fair process.
What the losing side could have done differently
The claimant might have strengthened his case by engaging with the employer's offers of alternative support rather than resigning immediately. He also failed to provide sufficient evidence that the sign-on location change caused him substantial disadvantage compared with non-disabled colleagues. For disability discrimination claims, it is essential to show not just that a change was unwelcome, but that it created a particular barrier linked to the disability.
Why this result matters
This decision reinforces that constructive dismissal claims require a fundamental breach of contract – a temporary adjustment being withdrawn for good reasons is unlikely to meet that threshold. It also highlights that disability discrimination claims need clear evidence of group disadvantage or substantial individual disadvantage, not just a disagreement over workplace arrangements. Employees considering resignation should first explore all reasonable alternatives and gather evidence of any discriminatory impact.
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