The claimant began to suffer unpredictable blackouts as a result of an undiagnosed heart condition which impacted upon his ability to carry out the classroom and lecture style teaching. Proposals for a support worker were rejected and the first respondent decided the claimant should not return to work whilst he could not undertake face-to-face classroom teaching. The claimant argued this amounted to a breach of the s15 of the Equality Act and further complained service, in advance of his grievance appeal, amounted to the last straw and so he was constructively dismissed. The ET dismissed the claims.

The President, Eady J, dismisses the appeal as, broadly, the ET had permissibly taken into account the difficulties experienced in covering the claimant’s teaching and had been entitled to find that the steps suggested by the claimant did not amount to reasonable adjustments. The ET had also asked the correct question of law regarding the constructive dismissal claim.