Mr S Donnelly Succeeds in Disability Discrimination and Unfair Dismissal Claims Against DFDS (Guernsey) Limited

The tribunal found that Mr S Donnelly was an employee of DFDS (Guernsey) Limited. Following an absence from work, Mr Donnelly attempted to return to sea-based roles. However, the tribunal found that he was unable to return to a ship due to ENG3.

The tribunal heard that Mr Donnelly sought shore-side roles from the outset after his attempt to return to sea failed. He requested a shore-side role as a reasonable adjustment many times through various grievance processes, but the tribunal found these requests were ignored by the respondent. The tribunal also heard that an occupational health report warned his mental health would be assisted by a shore-side role, but the tribunal found the respondent ignored this report.

The tribunal found that an impasse occurred regarding his return to sea. According to the tribunal's findings, during this impasse over the ENG1, Mr Donnelly accused the respondent of falsifying minutes. The tribunal found that the claimant was subsequently dismissed.

The tribunal found that the respondent contravened the Equality Act 2010 in respect of the claim of failure to make reasonable adjustments. The tribunal said that while there was a chance the claimant would have successfully returned to sea, "the return to the ship would not have worked out" more likely than not.

The tribunal found that the claimant was capable of the shore-side role, save possibly the upper level of check-in. The tribunal found that the failure to make adjustments exacerbated the claimant's situation, whereas the adjustments would likely have alleviated some of it. The tribunal stated, "The catalyst for the claimant's more severe decline in health was the impasse over his return to sea."

The tribunal found that Mr Donnelly was constructively unfairly dismissed. However, the tribunal also found that the claimant's conduct was contributory due to unreasonable demands for adjustments and unreasonable conduct during the impasse over the ENG1. The tribunal decided that a 15% deduction for contribution was appropriate for the unfair dismissal award.

• Injury to feelings: £20,000
• Loss of earnings: £16,495.61
• Loss of share option: £2,308
• Pension loss: £912.93
• Interest on the injury to feelings award: £4,936.20
• Interest on the combined financial loss: £2,436.48
• Basic award: £15,432
• Compensatory award of loss of statutory rights: £500
• 15% deduction for contribution: -£2,389.80
• Loss of the share option: £2,038
• Loss of statutory rights: £500
• Total: £47,089.22

The case shows that employers have a duty to consider reasonable adjustments to help employees with disabilities perform their jobs or remain in employment. This can include changing work duties or working environments.

The tribunal's findings demonstrate that employees may be able to claim constructive unfair dismissal if they feel forced to resign due to their employer's actions.

Anyone with a problem at work can get free, impartial advice from Acas.

• Acas: The Advisory, Conciliation and Arbitration Service: a free, impartial public body that advises on problems at work and helps employers and workers settle disputes.
• Basic award: The part of unfair dismissal compensation worked out from age, length of service and weekly pay, in the same way as statutory redundancy pay.
• Claimant: The person who brings the claim, usually the worker or former worker.
• Compensatory award: The part of unfair dismissal compensation for the money actually lost, such as wages and pension, up to a legal limit.
• Constructive dismissal: When an employee resigns because the employer seriously broke their contract, the law can treat the resignation as a dismissal.
• Disability: In the Equality Act 2010, a physical or mental impairment with a substantial and long-term effect on a person's ability to carry out normal day-to-day activities.
• Equality Act 2010: The main law against discrimination at work in England, Wales and Scotland.
• Injury to feelings: Compensation for the upset and distress caused by discrimination.
• Interest: Tribunals can add interest to discrimination awards to make up for the time the money has been owed.
• Reasonable adjustments: Changes an employer must make so that a disabled worker is not put at a substantial disadvantage, such as different hours, duties or equipment.
• Respondent: The employer, or other person or organisation, the claim is made against.
• Unfair dismissal: Being dismissed without a fair reason, or in an unfair way. Most employees need to have worked for a minimum period to claim it.

Case number: 2308011/2023
Claimant: Mr S Donnelly
Respondent: DFDS (Guernsey) Limited
Tribunal: Employment Tribunal, Ashford (Employment Judge Corrigan)
Decision date: 30 July 2026

Read the full decision on GOV.UK

Topics: disability discrimination, unfair dismissal, constructive dismissal

This report explains a published tribunal decision in plain English. It is general information, not legal advice.

Contains public sector information licensed under the Open Government Licence v3.0.