In Person accompanied by her Mother For the v Respondent — 2020

Mrs J C Cruttenden worked for Plumpton College from 4 April 2016 as Student Services Manager and resigned with immediate effect on 9 April 2018 after a prolonged sickness absence from 2 August 2017. The tribunal accepted that she was disabled at the material times by reason of Joint Hypermobility Syndrome and Fibromyalgia, and that the college had at least constructive knowledge of those conditions. It also accepted that stress could exacerbate Fibromyalgia, but found that the college had access to the relevant medical and employment information, had provided her desk and chair, and had policies in place dealing with sickness, grievance and stress.

The constructive dismissal claim failed. The tribunal rejected the allegations that she had been required to work excessive hours, that the 26 July 2017 capability email was a breach, that the grievance process was flawed, and that the re-employment of RK or the 29 March 2018 letter could amount to a final straw. It found that James Hibbert had supported and coached her, reduced tasks, and offered additional administrative help, that the grievance was investigated by Dr Stokes and appealed to Mr Kerswell, and that the 29 March 2018 letter was consistent with the sickness management process and not capable of breaching the implied term of trust and confidence. Applying the final-straw approach in London Borough of Waltham Forest v Omilaju, the tribunal held that the resignation was not in response to a repudiatory breach.

The disability discrimination complaint also failed. The tribunal found that the claimant had not established the pleaded PCPs, including an alleged expectation that staff should work without adequate support, an expectation that a stress risk assessment would only be done once fit for work, or an expectation that stress had to be formally reported. It held that the complaint about the absence of a stress risk assessment was out of time under s.123 Equality Act 2010, and in any event the college had taken reasonable steps, including support from Hibbert, two occupational health referrals, and the grievance and appeal process. The judgment also recorded that no notice pay claim had in fact been brought, and that in any event she was not entitled to notice money because she resigned and was not constructively dismissed or wrongfully dismissed.