Jade Destro v Tesco Stores Ltd — 2019

The claimant was a Shift Leader at the respondent's Rogerstone store and was dismissed after a period of sickness absence arising from stress and anxiety connected with working with the Store Manager, Paul Mayer. The tribunal found that the principal reason for dismissal was ill-health capability. Although the claimant said she was fit to work generally, she continued to provide fit notes and remained unwilling to return to the Rogerstone store while Mr Mayer was there.

The tribunal found that the respondent had consulted the claimant through sickness absence meetings, obtained occupational health advice, considered mediation and alternative roles, and warned that dismissal could result. It found that the respondent could not reasonably be expected to wait longer for a return, that the claimant was unwilling to return to Rogerstone with Mr Mayer, and that no suitable alternative role acceptable to her was available. The unfair dismissal claim was therefore dismissed.

On the sex discrimination and harassment complaints, the tribunal accepted that Mr Mayer's management style could be forthright, direct and blunt and that he fostered Matthew Walters' progression more than the claimant's. However, it found no facts from which it could infer that the claimant was treated less favourably because of sex or subjected to unwanted conduct related to sex. It also found that the grievance and appeal investigations were detailed and reasonable, and that the dismissal was for capability rather than sex-related reasons.