Diane Coppell v Dr Jennie Want & Dr Sunitha Jinka — 2022

Diane Coppell worked as a medical secretary from 29 May 2018 and resigned with effect from 3 July 2020 after being off sick from 10 June 2019. The tribunal accepted that there were workload pressures, some gaps in communication, and delay in the welfare process, but it also found that the respondents had taken steps to address workload, including extra locum cover, increased hours for the other medical secretary, and later a welfare meeting with external HR input. The tribunal held that these matters, taken overall, did not amount to a repudiatory breach of contract.

On the constructive unfair dismissal claim, the tribunal found that the respondents had not failed overall to ensure a safe working environment or to resource the role, although a risk assessment became appropriate after the June 2019 absence. It accepted that some emails were not answered, that no final return-to-work plan was reached, and that the welfare report was delayed, but concluded that the cumulative events did not cross the threshold for breach of the implied term of trust and confidence. It also found that the grievance delay was not unreasonable in the exceptional circumstances at the start of the COVID-19 pandemic. The constructive unfair dismissal claim was therefore dismissed.

On the disability discrimination claim, the tribunal accepted that the claimant was disabled by reason of depression, stress and anxiety, and that the respondents knew or ought reasonably to have known of the disability and the relevant disadvantage by the welfare meeting on 7 August 2019. It accepted that the claimant's normal workload and deadlines were a provision, criterion or practice, and that reduced hours, a phased return, splitting duties, and supervision could potentially have been reasonable adjustments. However, the tribunal held that the duty was not triggered before the welfare meeting, that the claimant remained off sick with no return date, and that it was not reasonable to require the respondents to implement those adjustments before she resigned on 8 June 2020. The discrimination claim was dismissed.