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 in the claimant’s favor on both issues but rejected his direct disability discrimination claim. The respondent appealed and the claimant cross-appealed. The EAT dismissed the constructive dismissal appeal as this was a classic case of a course of conduct culminating in a last straw which amounted to a repudiatory breach of contract in response to which the claimant resigned, and the ET's conclusions in this respect were not ones that no reasonable Tribunal could reach. The EAT allowed the appeal on the reasonable adjustments issue -neither the failure to exercise care on pay or to make proper progress on the suspension could be described as a "provision, practice or procedure applied by the employer" and nor could the exercise of care or the speeding up of the disciplinary process be described as the "taking of steps" so as to bring the case within section 4A of the DDA. The claimant's cross appeals on various other findings of the ET raised no points of law. http://www.employmentappeals.gov.uk/Public/Upload/12_03710372fhwwSBJOJ.doc