Claimant v Connell v A S Kitching (Oakengates) Ltd — 2020

Mrs V Connell worked for A.S Kitching (Oakengates) Ltd as a Pharmacy Technician from 18 November 2013. The tribunal found that she was a disabled person for Equality Act 2010 purposes, accepting that she had Ehlers-Danlos Syndrome (hypermobility), fibromyalgia and related conditions, with substantial and long-term effects on sitting, standing and concentration. It also found that the respondent knew about at least some of her conditions and the adjustments and coping measures she used at work.

The disability discrimination complaint concerned the meeting on 3 August 2018 with Diane Kitching and Linzi Pooler. The tribunal found the meeting was intended as a welfare and mediation meeting after repeated disputes involving Chloe Pooler, and it did not accept that Linzi Pooler was a bully. It held that the comments made at the meeting, including concern about the claimant's health and encouragement to speak to colleagues if she was not feeling well, were not less favourable treatment because of disability, but were aimed at understanding the workplace dispute and maintaining working relationships. It therefore dismissed the disability discrimination claim.

The constructive unfair dismissal claim also failed. The tribunal rejected the reliance placed on the respondent's handling of the bullying complaints, the 3 August meeting, the 22 August 2018 telephone call, and the alleged delay in dealing with the grievance dated 18 August 2018. It found the respondent had addressed the complaints, that the 22 August call resulted from a mistaken belief about the claimant's sick note, and that the grievance was responded to on 3 September 2018 after Mr Kevin Kitching returned from annual leave, with an offer of a formal meeting. Although the tribunal accepted that the claimant resigned because she felt unable to return to work, it held that there had been no repudiatory breach of contract or breach of trust and confidence, so the claims failed and no award was made.