Nottingham County Council v Meikle (2004, IRLR 703)

Failure to make reasonable adjustments to accommodate a disabled employee can amount to a serious breach of the implied contractual term of trust and confidence, and give the employee the right to resign and claim constructive dismissal.

Case facts

The claimant was a teacher who had come to suffer a sight disability. She complained that her employers had failed to make reasonable accommodations for her disability, and subsequently, she resigned claiming constructive dismissal and damages for discrimination.

Conclusion for me

  • Constructive dismissal might itself be a discriminatory act under the DDA.
  • Unlike payments to an employee's pension or insurance scheme, the payment of sick pay was an arrangement that could be subject to the employer's duty to carry out reasonable adjustments in regards to disability.

Similar cases

Updated: 3rd May, 2021
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