This case concerns a claim for indirect disability discrimination under the Disability Discrimination Act 1995 (DDA) and a claim for constructive dismissal. The claimant in this case, a branch manager at the Carphone Warehouse, suffered from mental health issues which amounted to a disability under the DDA. He resigned and claimed constructive dismissal after a period of suspension for misconduct that lasted over a year. The disciplinary process was slightly delayed due to the obtaining of a report from the claimant’s GP. The claimant also made disability discrimination claims based on 'reasonable adjustments' arising from the respondent’s failure to pay his correct pay and failing to deal with the claimant's suspension which related to his bankruptcy.

The ET found