Less favourable treatment

Case 5: The facts

Legoland presents employees with three years' service with small model figures that represent them. However, while all of his colleagues were presented with a model depicting them in a work role, Mr Jenkins, a disabled employee, was given a model depicting his disability. He was very upset, resigned and claimed constructive dismissal.

The ruling

The EAT held that he had been treated less favourably and had been unlawfully discriminated against. The way that the presentation was organised was a breach of contract by the employer giving Jenkins the right to resign and claim constructive dismissal.

Jenkins v Legoland Windsor Park EAT/1155/02