Greenhoff v Barnsley Metropolitan Borough Council [2006] IRLR 98
G suffered from clinical depression. On return to work he was offered a lesser role than he previously held. He resigned and claimed disability discrimination and unfair constructive dismissal. The employment tribunal held that Barnsley MBC had breached the provisions of the Disability Discrimination Act 1995 by failing to make reasonable adjustments that would have enabled G to continue in his former role. However, it rejected his claim for unfair constructive dismissal.
The Employment Appeal Tribunal held that Barnsley MBC’s failure to make the reasonable adjustments as required by the 1995 Act amounted to breach of their implied duty of maintaining trust and confidence and thereby amounted to unfair constructive dismissal.