Ms K Doyle v Castle Leisure Limited — 2021

Ms K Doyle worked for Castle Leisure Limited from 1997 to February 2020 as a Senior Assistant Manager at the Nantgarw club. Her case arose from an informal conversation on 27 November 2019 with Jodie Davis about a proposed rota intended to improve management cover at evenings and weekends. The tribunal found that the discussion was not a final instruction to change the claimant's shifts: Ms Davis expected the matter to be discussed further, the claimant spoke to Mr McLean later that day, and the claimant later resigned on 17 January 2020 after taking other steps including a grievance.

On constructive unfair dismissal, the tribunal held that there was no breach of contract and no breach of the mutual duty of trust and confidence. The claimant's contract did not prevent the respondent from proposing rota changes, and the tribunal found that the proposed rota had not been imposed on her. The respondent had a business reason for consulting about cover at its busiest times, and the tribunal concluded that the claimant resigned too soon because no change had in fact been implemented against her.

On indirect sex discrimination, the tribunal accepted that the PCP relied on was requiring staff to work shift patterns as directed by the respondent, and that this applied to men and women. It found, however, that the claimant did not show that women were put at a particular disadvantage compared with men, and the evidence from other managers did not support that proposition. The tribunal also found that the claimant had not been individually disadvantaged because she was never directed to work weekend shifts; at most, she was asked to consider them. Both claims were dismissed, and no monetary award was made; the judgment only set out directions if the respondent chose to pursue a costs application.