Mr P Newey v Ocado Central Services Limited — 2017

The claimant worked as a service engineer and had cancer, which the respondent accepted was a disability. The tribunal found that he was supported in returning to work through welfare meetings and a temporary training role, and that although no occupational health assessment or formal risk assessment was arranged, the respondent could rely on GP advice in the circumstances. The tribunal found insufficient evidence that Dumping Syndrome caused a need for additional breaks, and found that the respondent had agreed to be flexible where the claimant made an illness-related need for breaks known.

Two of the claimant's health and safety reports, concerning a live crane aisle and drilling into panels, were found to be qualifying protected disclosures. However, the tribunal found that the alleged detriments of being ostracised and being challenged on audits were not established. The protected disclosure detriment claim was also out of time, and time was not extended.

The tribunal rejected the constructive dismissal claim, finding that the respondent had reasonable and proper cause for the matters relied upon and had not breached the implied term of trust and confidence. It found the claimant resigned because of his neck injury and forthcoming operation, and that his later application for another promotion was inconsistent with the alleged breakdown of the employment relationship before resignation.

The tribunal found the claimant's unsuccessful promotion applications were not because of disability-related reasons. It accepted the respondent's explanations that one role was withdrawn when the incumbent retracted his resignation, another was not pursued by the claimant, another went to a candidate who performed better at interview, and the later refusal to recommend the claimant was based on stated concerns about recent conduct and comments. The age harassment, trade union detriment, victimisation and bonus deduction claims were also dismissed, struck out or withdrawn as set out in the judgment.