Tutor's disability discrimination claims dismissed after resignation
A tribunal dismissed all claims of disability discrimination, harassment, victimisation, and wrongful dismissal brought by a tutor with depression against her employer and individual managers.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #depression
- #grievance-process
- #line-manager-dispute
- #holiday-pay-withheld
- #wrongful-dismissal
Key facts
- The Claimant was employed as a Tutor from 31 July 2017 to 29 March 2018.
- She had depression diagnosed in 1996, which she disclosed to the employer on 3 January 2018.
- She raised a grievance about her line manager's conduct on 5 and 19 December 2017.
- The grievance was dismissed; the appeal upheld the outcome.
- The Claimant resigned on 29 March 2018, citing breach of contract and discrimination.
- All claims of disability discrimination, harassment, victimisation, and wrongful dismissal were dismissed.
Timeline
-
Employment started
Claimant commenced employment as a Tutor with R1.
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Learner complaints
Learners AL and DB sent emails complaining about the Claimant.
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Meeting with learners
Mr Greaves met with AL and DB; Claimant refused to apologise.
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Email dispute
Mr Greaves emailed Claimant about CVs; Claimant denied receiving prior email.
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Grievance raised
Claimant sent formal grievance and fit note, disclosing depression.
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Grievance hearing
Grievance hearing held; Claimant attended.
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Grievance outcome
Mr Corsinie dismissed grievance; proposed mediation.
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Appeal hearing
Grievance appeal hearing held.
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Appeal outcome
Mr Harrer upheld grievance outcome.
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Resignation
Claimant resigned with immediate effect, citing breach of contract and discrimination.
The legal issue
The tribunal had to decide whether the tutor was subjected to disability discrimination, harassment, victimisation, and wrongful dismissal, and whether the employer failed to make reasonable adjustments for her depression.
The outcome
The tribunal dismissed all claims against the employer and individual respondents.
- The tribunal found that the tutor's depression was a disability, but the employer's actions were not because of her disability.
- The grievance process was properly followed, and the decision to dismiss the grievance was within the range of reasonable responses.
- The dispute over holiday pay was a contractual matter, not discriminatory.
- No compensation was awarded as all claims failed.
Lessons & takeaways
- Disability discrimination claims require a clear link between the employer's actions and the employee's disability.
- A properly conducted grievance process can protect employers from discrimination claims.
- Disputes over contractual terms like holiday pay are unlikely to succeed as discrimination claims.
- Resigning and claiming constructive dismissal is risky if the employer's actions are not a fundamental breach of contract.
This case shows that not every workplace dispute involving a disabled employee will amount to discrimination. The tutor, who had depression, raised a grievance about her line manager's conduct and later resigned, claiming she was forced out. However, the tribunal found that the employer's actions—such as the grievance outcome and a dispute over holiday pay—were not linked to her disability.
What the employer did right
The employer followed a proper grievance process, holding hearings and an appeal. The tribunal noted that the grievance was dismissed for legitimate reasons, not because of the tutor's depression. Even though the tutor disagreed with the outcome, the process was fair.
Why the claims failed
The tribunal found no evidence that the employer knew or should have known about the tutor's depression before she disclosed it in January 2018. Most of the events she complained about happened before that date. After disclosure, the employer offered mediation and continued to engage with her. The dispute over holiday pay was a contractual issue, not discrimination.
Key takeaway for similar cases
Employees considering a discrimination claim need to show that their disability was a reason for the employer's actions. A well-documented grievance process can help employers defend against such claims. Resigning and claiming constructive dismissal is a high-risk strategy, especially if the employer has not fundamentally breached the contract.
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