Mr M Jackson of Counsel For the v Respondent — 2021

Ms Gillespie was employed as a community staff nurse from 21 April 2008. After an improvement notice in October 2015, periods of sickness absence, a diagnosis in May 2016 and a series of grievance and sickness management meetings, she resigned on 12 December 2018. The tribunal found her evidence at times unreliable and self-serving, and accepted the evidence of Mr Kargbo and Mr Kasanga as credible and reliable.

On the constructive unfair dismissal claim, the tribunal rejected the alleged breaches based on confidentiality, holding meetings at home, the absence of an updated occupational health report, and describing the Claimant as angry and confrontational, either individually or cumulatively. It found that the material breach was the Respondent's failure to contact her about redeployment when that was the immediate issue to be addressed, and held that she resigned at least in part in response to that breach. The tribunal also held that the dismissal reason was capability and that the dismissal fell outside the band of reasonable responses because redeployment was not properly applied.

The section 26 harassment claim based on Mr Kasanga's 27 November 2018 letter referring to three men attending the Claimant's home was dismissed. The tribunal accepted that the remark was unwanted, but held that it was not related to sex and did not have the required effect under section 26(4). The section 20 reasonable adjustments claim was also dismissed: although the Claimant was accepted to be disabled, the tribunal held that the alleged PCP was not established as a relevant PCP in the statutory sense and that the difficulty arose from the particular facts of the case rather than a broader practice. The tribunal directed a telephone case management hearing to arrange the remedy hearing.