Procurement director's constructive dismissal claim over whistleblowing and disability fails
A procurement director who resigned after raising concerns about commission on expired contracts has lost her tribunal claims for constructive unfair dismissal, whistleblowing detriment and disability discrimination.
1 min read · Last updated 19 May 2026
Case details
- #disability-discrimination
- #public-interest-disclosure
- #constructive-dismissal
- #long-term-sickness
- #occupational-health
- #phishing-exercise
- #email-blocking
Key facts
- The claimant was employed as Procurement Director from 14 November 2011 to 25 June 2021.
- She raised concerns about commission being collected on expired contracts, which the respondent accepted as protected disclosures.
- The claimant was absent from work due to anxiety from June 2020 and did not return.
- The respondent sent letters inviting her to a sickness absence meeting, which the claimant viewed as pressure.
- The claimant resigned on 24 March 2021, claiming constructive dismissal.
- The tribunal found the respondent did not breach the implied term of trust and confidence.
Timeline
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First protected disclosure
Claimant emailed Mrs Wilmot about credit notes for commission on expired contracts.
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First panic attack
Claimant suffered a panic attack and consulted GP, prescribed propranolol.
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Sick leave begins
Claimant signed off work with work-related anxiety; did not return.
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Occupational health report
Dr Clugston reported claimant would make full recovery; recommended four-week no-contact period.
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Emails blocked
Respondent blocked claimant's emails over Christmas period, causing distress.
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Sickness absence meeting invite
Claimant invited to meeting; possible dismissal mentioned.
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Resignation
Claimant resigned with notice, citing repudiatory breach of contract.
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Employment ended
Claimant's notice period expired.
The legal issue
The tribunal had to decide whether the employer's conduct, including inviting the claimant to a sickness absence meeting and blocking her emails, amounted to a fundamental breach of contract justifying resignation, and whether she was discriminated against because of her own anxiety disorder or her husband's ADHD.
The outcome
The tribunal dismissed all claims, including constructive unfair dismissal, disability discrimination (direct and by association), failure to make reasonable adjustments, and whistleblowing detriment.
The key reasons were:
- The employer's letters inviting the claimant to a sickness absence meeting were reasonable management steps, not a breach of trust.
- The decision to block the claimant's emails over Christmas was a genuine mistake, not a targeted act.
- The claimant's protected disclosures were accepted as such, but there was no evidence they caused any detriment.
- The employer offered reasonable adjustments, including allowing a support person, and the refusal to record the meeting was not a failure to adjust.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer; simply feeling pressured by reasonable management correspondence is unlikely to suffice.
- Employers can take steps to manage long-term sickness absence, including inviting employees to meetings, as long as they act reasonably and with proper process.
- A single email block due to an administrative error, even if distressing, is unlikely to be seen as a targeted act of discrimination or breach of trust.
- Claimants who represent themselves face a high burden of proof, especially in complex discrimination and whistleblowing cases with multiple legal issues.
- Protected disclosures must be clearly linked to specific detriments; a general sense of unfair treatment after raising concerns is not enough.
When raising concerns isn't enough to win a constructive dismissal claim
This case shows the high bar for constructive dismissal, even where an employee has raised genuine whistleblowing concerns. The claimant, a procurement director with nine years' service, resigned after a period of sickness absence, claiming the employer's actions forced her out. She pointed to letters inviting her to a sickness meeting, a decision to block her emails over Christmas, and a refusal to allow her to record a meeting as evidence of a breakdown in trust.
The tribunal accepted that the claimant had made protected disclosures about commission on expired contracts. But it found that the employer's response was reasonable. The sickness absence letters were standard management correspondence, not a threat. The email block was a genuine administrative error, quickly rectified. And the refusal to record a meeting was not a failure to make reasonable adjustments, because the employer had offered other support, including a companion.
What the employer did right
The employer followed a structured sickness absence process, obtained occupational health advice, and offered the claimant a support person for meetings. When the claimant requested to record a meeting, the employer explained its policy against recording but offered alternatives. The tribunal noted that the employer's actions were within the range of reasonable responses, even if the claimant found them stressful.
Why the result matters
This case is a reminder that constructive dismissal claims require more than subjective feelings of pressure. The claimant must show that the employer's conduct was so serious it fundamentally undermined the employment relationship. For employees, it highlights the importance of gathering clear evidence of a breach, rather than relying on a series of minor grievances. For employers, it confirms that reasonable management of sickness absence, even where an employee is vulnerable, can be justified if proper procedures are followed.
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