Ms Catherine Harvey v John Lewis plc — 2024

The claimant, who had accepted disabilities of aspergers/autism spectrum disorder, vertigo, and anxiety and depression, relied on a series of incidents including being asked to work on self-service tills, interactions with managers in January 2021 and April 2022, training arrangements, break and shift issues, a September 2022 bell-response incident, and an 8 October 2022 interaction with a manager. The tribunal found several discrimination allegations were outside the primary limitation period and that it was not just and equitable to extend time. It also found the incidents did not amount to a continuing discriminatory state of affairs.

On the in-time disability discrimination matters, the tribunal found the September 2022 bell-response incident was not shown to be because of something arising from disability and was not harassment related to disability. For reasonable adjustments, the tribunal found the self-service till complaint was out of time and that adjustments had been put in place, including a later instruction that the claimant should not work on the self-service tills even if she said she could. It found no PCP requiring checkout staff to train standing at a high desk, and no PCP requiring staff to ask for time out for online training.

For constructive dismissal, the tribunal considered whether the 8 October 2022 interaction could be a final straw and found it was not conduct calculated or likely to destroy or seriously damage trust and confidence. It found the claimant resigned on 18 October 2022 after making a LinkedIn post and panicking about possible disciplinary consequences, rather than because of the 8 October interaction. The tribunal concluded there was no dismissal under s.95(1)(c) ERA 1996, and the notice pay claim also failed because there was no breach of contract entitling resignation.