Mrs L Oscroft v Apollo Home Healthcare Ltd — 2024

The tribunal refused the claimant's application to amend her case to add a Part VIIIA flexible working claim based on the appeal letter of 1 November 2022. On the associative direct disability discrimination claim, it accepted that X was disabled and that the respondent knew it, but held that the March 2020 home-working refusal was a stand-alone act outside time, that it was not just and equitable to extend time, and that the August 2020 childcare questions and alleged threat were not proved. It also found the July 2022 disappointment comment was about cover, not disability, and that the October 2022 questions about the claimant's finances and relationship were prompted by information she herself volunteered.

The claimant succeeded on constructive unfair dismissal. The tribunal held that the refusal of the temporary hours arrangement sought on 17 October 2022 was capable of damaging trust and confidence, that there was no reasonable and proper cause for the refusal, and that the claimant resigned in response to that refusal on 9 November 2022. It rejected the respondent's reliance on the later November 2022 absences as a fair reason for dismissal, because they post-dated the resignation and, in any event, were sanctioned by Mrs Stanley.

The separate flexible working complaints under Part VIIIA ERA 1996 were dismissed. The requests of 8 March 2022, 25 April 2022 and 17 October 2022 did not satisfy the statutory formalities in section 80F, the March and April complaints were also out of time, and the March and April requests had in any event been granted. The tribunal listed a separate remedy hearing for the successful constructive dismissal claim and made no reductions for conduct or a Polkey chance.