Constructive dismissal

Case 11: The facts

Teacher Gaynor Meikle suffered from deteriorating vision which amounted to a disability. She asked for adjustments to be made so that she could continue working, but her employer did not agree to them. She was suspended from work and was put onto half pay in accordance with her contractual sick pay policy.

Meikle resigned and claimed constructive dismissal and disability discrimination.

The ruling

The Court of Appeal held that constructive dismissal amounts to a "dismissal" for the purposes of the protection under the DDA, and that Meikle had been unfairly dismissed and discriminated against. It also held that extending the terms of the sick pay so that she was paid at the full rate was a reasonable adjustment that could have been made.

Nottinghamshire CC v Meikle [2004] IRLR 703