Arthritic Knees and No Support: Bar Manager Wins Constructive Dismissal and Disability Discrimination Case

In Ms Margaret A Simm v CPAN Survivor Ltd t/a Ryan’s Bar, a bar manager with arthritic knees has been awarded more than £37,000, following a tribunal finding that she was discriminated against and constructively dismissed after two decades of service. Despite informing the bar’s new owners that she couldn’t work double shifts due to the pain in her knees, nothing changed.

Read on as we examine exactly what happened and the tribunal’s judgment. We then discuss what counts as disability discrimination and what you could do if you’ve faced something similar. 

If you have any questions about disability discrimination at the workplace or have faced dismissal from work, contact Redmans Solicitors now. As employment law specialists, we can analyse your circumstances, clear up your queries, and outline your options.

To learn more about the help we provide now, simply:

• Give us a call on 020 3397 3603
• Request a callback via our online form

The Facts in Ms Margaret A Simm v CPAN Survivor Ltd t/a Ryan’s Bar

Claimant Forced to Work Double Shifts Despite Arthritic Knees

Ms Margaret A Simm (“the Claimant”) began working as Manager of Neeson’s Bar on 25 September 2005. Throughout her employment, she worked seven-hour shifts, six days a week. On 14 August 2023, CPAN Survivor Ltd (“the Respondent”) took over the lease of the establishment and renamed it “Ryan’s Bar.”

When the transfer took place, Mr Soliman, the Respondent’s director, claimed nothing would change. However, after the Claimant met with him, everything was different. Her banking duties were removed, her shifts were adjusted, and she was no longer responsible for preparing the rota.

Notably, the Claimant’s schedule was amended from six, seven-hour shifts to four, fourteen-hour days. This was significant, since she had arthritis in both knees and had previously been prescribed medication and undertaken physiotherapy to help manage the pain. The Claimant was physically unable to work the double shifts due to her arthritic knees, so she went to discuss the matter with Mr Soliman, but nothing changed.

Disability Discrimination at the Workplace and Constructive Unfair Dismissal Claims Brought

Just 10 days after the Respondent took charge of the bar, the Claimant was signed off work due to stress. Shortly after, a customer informed her that Mr Soliman planned to replace all existing staff with his own personnel, and by November 2024, he instructed her not to attend the bar anymore.

Feeling pushed out, the Claimant resigned on 9 January 2025. She explained that Mr Soliman’s actions had negatively impacted her mental health, and subsequently pursued employment tribunal claims. Among them, she claimed constructive unfair dismissal, disability discrimination at work, and failure to pay her the correct holiday pay.

The Employment Tribunal’s Judgment

Disability Discrimination and Reasonable Adjustments for Arthritic Knees

Following the proceedings, the employment tribunal began by discussing the disability discrimination at work claim. This concerned the Respondent’s failure to provide the Claimant with reasonable adjustments due to her arthritic knees.

During its deliberations, the tribunal referenced section 20 of the Equality Act 2010. This states that where a provision, criterion or practice substantially disadvantages a disabled individual compared to their non-disabled comparator, reasonable steps must be taken to avoid the disadvantage.

However, before the tribunal could determine whether there had been a failure to provide such adjustments, it first had to establish whether the Claimant had a qualifying disability. Section 6 of the Equality Act sets out that a person is disabled if they have a physical or mental impairment that substantially impacts their ability to undertake regular, daily activities over the long term. Since the Claimant suffered from arthritic knees, which hampered her ability to complete day-to-day activities like walking, and had done so for quite some time, the tribunal determined she had a qualifying disability.

With this in mind, attention returned to the duty to provide reasonable adjustments. The Respondent argued that Mr Soliman had no knowledge of the Claimant’s disability, meaning he wasn’t to know that adjustments were required. However, this was quickly dismissed. When the Claimant was first assigned the double shifts, she informed the director of her inability to undertake them.

Accordingly, the tribunal found that the double shift requirement substantially disadvantaged the Claimant due to her arthritic knees. The back-to-back shifts provided her with no recovery time, causing her unnecessary pain. As she’d informed the Respondent of her condition and adjustments weren’t made, the disability discrimination in employment claim was, therefore, upheld.

Constructive Unfair Dismissal and Unpaid Holiday Pay

The tribunal then considered the Claimant’s allegations of constructive and unfair dismissal. Under UK employment law, constructive dismissal occurs when an employee resigns in response to a fundamental breach of contract by the employer.

In this instance, the Claimant argued that the Respondent had breached the implied duty of trust and confidence. She cited several factors, including the failure to provide reasonable adjustments, incorrect payment of wages, and the removal of her managerial responsibilities.

The tribunal found that each of these actions amounted to a breach of the implied term of mutual trust and confidence, and that these breaches collectively prompted the Claimant’s resignation. As such, the claim for constructive unfair dismissal was upheld.

Before assessing compensation, though, the tribunal reviewed the Claimant’s entitlement to holiday pay. It determined that, at the time of her resignation, she’d accrued two weeks of annual leave. As this hadn’t been paid, she was entitled to compensation for the outstanding holiday pay.

Arthritic Knees: Remedy and Compensation

Having succeeded in all three claims, the Claimant was awarded a total of £37,146 in compensation. This comprised £24,483 for unfair dismissal, £11,700 for disability discrimination, and £963 in respect of accrued but unpaid holiday entitlement.

What Counts as Disability Discrimination in Employment?

Under UK law, individuals are protected against less favourable treatment because of their protected characteristics. One such characteristic is disability, which, as mentioned earlier, refers to a physical or mental impairment that significantly affects an individual’s ability to carry out normal day-to-day activities over a long period. In the case of Ms Margaret Simm, her arthritic knees were found to constitute such a disability.

The Equality Act 2010 establishes four main types of disability discrimination: direct discrimination, indirect discrimination, harassment, and victimisation. Depending on the type, less favourable treatment may present itself as:

• Direct discrimination: An employer refusing to interview a qualified candidate after learning they have multiple sclerosis.
• Indirect discrimination: A workplace requiring all employees to work 14-hour shifts, which disproportionately disadvantages staff with certain disabilities.
• Harassment: A colleague regularly mocking an employee’s use of a mobility aid, creating a hostile work environment.
• Victimisation: An employee being denied a promotion after filing a grievance about their employer’s failure to provide reasonable adjustments.

If any of the above were to occur, individuals should act fast to find a resolution. They could begin by having an informal chat with their employer or raising a formal grievance. However, if all internal avenues have been attempted and the issue remains, Acas early conciliation or employment tribunal proceedings could provide the answer.

If, after reading about the case involving arthritic knees, you’ve any questions about disability discrimination in employment, please reach out. It may be that you’ve suffered a similar experience. Whatever the case, Redmans Solicitors are employment law experts, and following a quick chat, we can provide specialist advice. All you have to do to get started is:

• Phone us on 020 3397 3603
• Complete our online form to request a callback