Mrs. H. Nelson v Ministry of Defence — 2024

The claimant was employed by the respondent from June 2016 and resigned with notice on 6 January 2023, with employment ending on 6 February 2023. She was disabled within the meaning of section 6 Equality Act 2010 by reason of Type 2 diabetes, with eye-related conditions and a need to avoid constant PC use. The tribunal found that her difficulties with computers were due to lack of IT familiarity, which the claimant accepted was due to age rather than disability.

The tribunal found that the claimant was moved to a squadron clerk role on the same site and received training from several colleagues after that move. Her September 2022 grievance about lack of meaningful work and training was upheld, with an action plan, and correspondence at the time recorded that the main thrust of the grievance had been resolved. The tribunal regarded aspects of the claimant's evidence as contradictory and confused, and preferred the respondent's witnesses where evidence was disputed.

The constructive dismissal claim failed because the tribunal found no fundamental breach of contract. The tribunal found that alleged wage deductions were corrected once a fit note was provided, that training arrangements did not destroy the employment relationship, and that misplacing a previous job description or expecting IT use in the new role did not amount to a fundamental breach in context.

The disability discrimination complaints were dismissed. The tribunal found that the claimant had access to training, that the Glasgow IT course was standard and not compulsory, and that there was no evidence she was required to undertake intensive on-screen work. The tribunal also found there was insufficient non-PC based work to reallocate administrative tasks as alleged. The harassment and victimisation complaints were dismissed after the claimant accepted in evidence that she had not been harassed because of disability and had not been victimised.