Miles confirmed he would not be returning to work because he did not believe it was safe for him to do so. He said no adjustments would resolve his concerns and he believed government guidance was not being followed. He then resigned and brought claims for disability discrimination, failure to make reasonable adjustments, health and safety detriment, constructive unfair dismissal, and unfair dismissal for health and safety reasons. The employment tribunal dismissed all the claims. The EAT upheld his appeal against the tribunal’s decision that he was not disabled and remitted his disability claims to be reconsidered.