Mr P Ward (Counsel) For v Respondent — 2019

Ms Hanna Tumidajska worked for Alliance Personnel Ltd from July 2013 to November 2017, after an earlier period of employment from 2008 to 2010. The tribunal found that her move in spring 2016 from the accounts department to work as Mr Bradbury's administrative assistant was agreed, involved no reduction in pay or status, and was a role she accepted at the time. It also found that when she left the accounts department she was replaced by a Polish woman of similar age, and that the respondent employed Polish women as recruitment consultants.

The discrimination claims failed. On the sick pay issue, the tribunal accepted that the claimant was entitled only to SSP and that Mr Bargota had been paid full pay on a discretionary basis because of his seniority and importance to the business, not because of sex. On the training complaint, the tribunal found that the respondent had previously regarded the claimant as unsuited to recruitment work and that the refusal to send her on a sales course was unrelated to race. On the age allegation, the tribunal found that the alleged comments by Mr Bradbury were not made and, even if they had been, they would have concerned career progression rather than age.

The harassment claims also failed because the tribunal did not accept the factual basis for the alleged conduct. It found that the claimant had not been subjected to unwanted conduct related to race, sex or age, that she had not made contemporaneous complaints to Mr Graham Ward as alleged, and that the grievance process was dealt with properly and conscientiously. The tribunal preferred the evidence of the respondent's witnesses where there was conflict, and rejected the claimant's evidence on the disputed events.

The claimant resigned before the scheduled appeal hearing. The tribunal held that none of the matters relied on amounted to a fundamental breach of contract, so there was no constructive dismissal, and it further held that she had not been dismissed so the unfair dismissal claim failed. The unlawful deduction from wages claim was withdrawn during closing submissions and was dismissed on that basis. No monetary award was made.