DHL Worker Loses Disability Discrimination and Constructive Dismissal Claims After Tribunal Finds New Job Offer Was True Reason for Resignation
A Northern Ireland employment tribunal has dismissed all claims brought by Martin Preshur against DHL Services Ltd, including constructive unfair dismissal and multiple disability discrimination complaints, ruling that his resignation was prompted by a new job offer rather than any breach of contract by his employer.
Preshur, who worked as Operations Compliance Co-Ordinator at DHL Services Ltd from 2 January 2022, resigned on 8 November 2024 with an effective leaving date of 25 November 2024. His tribunal claim, lodged on 1 April 2025, alleged constructive unfair dismissal, direct disability discrimination, harassment, victimisation, and failure to make reasonable adjustments under the Disability Discrimination Act 1995. He represented himself throughout the proceedings, which were heard in Belfast on 16, 17 and 18 February 2026 before Employment Judge N. Kelly, sitting with members Mr M. McKeown and Ms A. Frew.
The tribunal found that Preshur had received a written conditional offer of employment from another company on 7 November 2024 - the day before he submitted his resignation - at a starting salary of £39,000, rising to £41,000 after a six-month probationary period, for a Health and Safety Manager role based in Belfast. His resignation letter made no mention of this offer and cited the working environment as intolerable. The tribunal found this explanation not credible, concluding the new job was the real reason for his departure and that the three-month notice period was not worked because he was starting elsewhere.
Preshur had been diagnosed with adult ADHD, a condition the tribunal accepted for the purposes of the hearing. Two sets of disciplinary proceedings had been brought against him during his employment. The first, in early 2024, related to his conduct during a meeting on 8 February 2024 at which colleagues submitted statements describing aggressive and intimidatory behaviour, including swearing and belittling a colleague. He received a first written warning in May 2024, a sanction the tribunal described as notably lenient. A second disciplinary process was initiated following a further incident on 27 August 2024 in which witnesses again described aggressive and disrespectful conduct.
Preshur argued that his behaviour stemmed from his ADHD diagnosis and constituted emotional dysregulation. The tribunal acknowledged the diagnosis but noted that during the second and third days of the hearing, following a challenge to his conduct on day one, he was able to engage without any incidents of aggression or swearing. The tribunal concluded his behaviour appeared to be within his control.
On the disability discrimination claims, the tribunal found no prima facie evidence of direct discrimination, failure to make reasonable adjustments, victimisation, or harassment. Specific complaints - including that he had been placed in a public foyer rather than a quiet office when accessing his laptop in April 2024 - were rejected on the facts. The tribunal found that Preshur had himself declined an offer to move to a private office and remained in the foyer at his own insistence. A separate complaint about office allocation, whereby he was not permitted to use an office on the same corridor as a colleague who had raised safety concerns about him, was also rejected.
On constructive dismissal, the tribunal found no fundamental breach of contract, describing the disciplinary and grievance processes as having been conducted fairly. It further found that, even if any breach had occurred, Preshur had delayed significantly in resigning - many of the incidents he cited had taken place months before his November 2024 departure. A claim against DHL Supply Chain, named as first respondent, was struck out on the basis that it has no legal existence and was never Preshur's employer.
All claims were dismissed. Employment Judge Kelly described them as misconceived and devoid of merit. The judgment was issued to the parties on 27 March 2026.