Claimant v North Lanarkshire Council
Outcome
Individual claims
The tribunal found the claimant was not placed at a substantial disadvantage by the rotational working pattern compared to non-disabled colleagues. She had successfully worked a fortnightly rotation since starting employment. The tribunal also found the respondent could not reasonably have known of any substantial disadvantage as the claimant never raised specific concerns about following the pattern or using work diaries.
The tribunal found no fundamental breach of the implied term of trust and confidence. The claimant had agreed to the contractual variation in March 2024 and did not resign until October 2024, nearly 7 months later. The tribunal found she resigned to accept a permanent work-from-home role elsewhere, not in response to any breach by the respondent.
As the claims for failure to make reasonable adjustments and constructive unfair dismissal both failed, the claim for discriminatory constructive dismissal necessarily failed and was dismissed.
Facts
The claimant, a litigation solicitor with ADHD, worked for North Lanarkshire Council from October 2022. In December 2023 the respondent announced a new hybrid working scheme increasing office attendance from 6 to 10 days per four weeks on a rolling fortnightly pattern. The claimant raised general concerns about the pattern being difficult for neurodivergent employees at a team meeting in January 2024. She agreed to the contractual variation in March 2024. After maternity leave starting May 2024, she resigned in October 2024 to take a permanent work-from-home role elsewhere, claiming the respondent failed to make reasonable adjustments.
Decision
The tribunal dismissed all claims. It found the claimant was not placed at substantial disadvantage by the rotational pattern compared to non-disabled colleagues, as she had successfully worked a fortnightly rotation throughout her employment. The respondent could not reasonably have known of any substantial disadvantage as she never raised specific concerns. There was no fundamental breach of contract and the claimant resigned to accept alternative employment, not in response to the respondent's conduct.
Practical note
Employees must clearly communicate the specific substantial disadvantage caused by a PCP and give employers opportunity to discuss adjustments before resigning; general concerns raised in team meetings where all staff express dissatisfaction are insufficient to trigger the duty to make reasonable adjustments.
Legal authorities cited
Statutes
Case details
- Case number
- 8000621/2025
- Decision date
- 22 October 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Name
- North Lanarkshire Council
- Sector
- local government
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Litigation Solicitor
- Service
- 2 years
Claimant representation
- Represented
- No