Miss T. Richards (daughter) v Respondent — 2023

The Claimant, a long-serving Fresh Sales Assistant employed by Asda Stores Limited from 25 April 1992 until her resignation taking effect on 17 June 2022, brought claims of disability and race discrimination and subsequently added a constructive dismissal claim. The Tribunal, sitting at Bodmin before Employment Judge Smail with Mrs C. Monaghan and Ms R. Clarke, found that the Respondent had committed serious breaches of the implied term of mutual trust and confidence. The grievance process took 8 months without reasonable cause, with significant unexplained delays between interviewing the Claimant and Mr Shepherd and between that interview and the outcome.

The Tribunal further held that, given 11 months had passed since the underlying incidents, Mr Gerred-Hart did not have reasonable cause to recommend a disciplinary investigation of the Claimant; the focus should instead have been on managing a return to work. The "last straw" was the appointment as appeal manager of Mr Rawle, who was reasonably regarded by the Claimant as too close to the individuals concerned. The Claimant did not affirm the contract and resigned because of these breaches. As the Respondent had not purported to dismiss for a potentially fair reason, the constructive dismissal was unfair within s.98(4) ERA 1996.

The Equality Act 2010 claims (direct disability and race discrimination, and failure to make reasonable adjustments in relation to dyslexia in the grievance process) were dismissed. On the reasonable adjustments point, the Tribunal found that not sharing other witnesses' statements with a grievance-raiser was a provision, criterion or practice but did not put the Claimant at a substantial disadvantage as a person with dyslexia. A separate 1-day remedy hearing was listed for 18 December 2023, with directions for a revised Schedule of Loss and supporting evidence.