Ms Y Jones v ABM Facility Services UK Ltd (sued as “ABM”) — 2021

The tribunal found that the claimant was constructively unfairly dismissed. It found that Mr Ford's conduct, including repeated issues around breaks, the June and August 2019 meetings, comments about computer training, and the respondent's failure to act on the claimant's grievance, cumulatively breached the implied term of mutual trust and confidence. The tribunal found the claimant resigned in response to that breach and had not affirmed the contract by waiting for the grievance to be addressed.

On unfair dismissal, the tribunal found that the reason for the constructive dismissal, insofar as it related to Mr Ford's conduct, was capability. However, there had been no fair procedure, and the tribunal found that dismissal after a fair procedure would still have fallen outside the range of reasonable responses. It made no liability-stage reduction for Polkey or contributory fault.

The tribunal upheld disability-related harassment. It found the claimant was disabled, that the respondent knew or could reasonably have been expected to know of her mental health condition, and that the cumulative conduct had the proscribed effect. The age harassment claim failed because the tribunal found the computer-related comment was not related to age; the direct age and disability discrimination claims also failed.

The tribunal upheld victimisation. It found that the respondent received the claimant's 1 October 2019 grievance, that it was a protected act, and that the failure to pay the additional week's holiday was a detriment. The respondent did not discharge the shifted burden of proof on causation. The respondent accepted an unauthorised deduction from wages in respect of one week's accrued holiday pay and agreed to pay five days' pay.