The claimant worked for the respondent as a Sales Development Representative. Following restructuring, the employer provided the claimant with a Volkswagen ‘Caddy’ vehicle which was a smaller model than other vehicles the company leased.

The claimant began developing health problems and struggled with the compact size of the vehicle. He raised concerns on a number of occasions about these issues. Initially, the respondent instructed a physio-ergonomist to investigate and it was advised that it was a ‘short term issue’ which was likely to improve. However, after further months the same specialist then recognised that a change in vehicle was likely the only solution to the claimant’s issues.

Despite reassurances given that the respondent would resolve the situation, this turned out not be the case. The failure to provide the claimant with an alternative vehicle was held to be a serious breach of contract and it was held that he was constructively dismissed.

Practical Lessons

The tribunal pointed to two salient facts regarding the respondent’s conduct. Firstly, the change of vehicle could have easily been arranged and there was no reasonable and proper cause for the respondent’s failure in that regard.

Secondly, the claimant gave the respondent ample opportunity to take the necessary action. No firm proposal was ever put to the claimant and his resignation followed, which was held to be the ‘last resort’. The tribunal noted the failure of the HR department to resolve the issue swiftly, and the medical evidence provided was simply not acted upon. When an employer receives a clear medical recommendation to help an employee’s condition/difficulty, failure to respond accordingly in a reasonable time frame may well lead to a serious breach of contract.