Mr S Galley v Sports Direct.com Retail Limited — 2024

Mr Galley worked for Sports Direct from 2013 and became store manager at the Arndale store in 2018. He resigned on 7 July 2022 after a March 2022 performance review, the introduction of a performance improvement plan, and the outcome of a grievance he raised in May 2022. The tribunal accepted that he was disabled by reason of anxiety and depression, but found that Sports Direct did not have knowledge of that disability until Christmas 2021.

The tribunal held that earlier disability allegations, including comments about face coverings and the store-hours increase, were out of time and in any event were not proved. On the in-time discrimination issues, it found that the March 2022 performance review was based on objective store data, that there had been no proved promise of the general manager role in the proposed new Manchester store, and that the grievance process from 13 May to 4 July 2022 was a reasonable investigation of the matters raised. It therefore rejected the complaints under sections 15, 19, and 20/21 of the Equality Act 2010.

The harassment complaint under section 26 also failed. The tribunal did not accept that the alleged comments or conduct occurred as claimed, and it found that the remaining matters were not shown to be related to disability or to have created the required hostile or intimidating environment. The constructive unfair dismissal complaint failed because the tribunal did not find any conduct by Sports Direct that amounted to a fundamental breach of contract or a breach of the implied term of trust and confidence, and it held that the resignation was not made out as a constructive dismissal claim. No monetary award was made.