Miss A Parole v Leila’s Fine Foods Ltd — 2021

The claimant worked for Leila's Fine Foods Ltd from November 2009 and was absent after a work injury in May 2015. The respondent accepted that she was disabled during the relevant period. At the hearing, the claimant withdrew the complaint of failure to make reasonable adjustments under ss.20 and 21 Equality Act 2010 and one disability-related harassment allegation concerning an email checking her bank details; those complaints were dismissed on withdrawal.

The tribunal found that the respondent's HR handling of the claimant's long-term sickness absence was slow and sometimes disjointed, but that the meetings in December 2016, June 2017 and June 2019 were directed at understanding her prognosis, obtaining medical information and considering return-to-work options. It accepted that the respondent told her that termination of employment was a possibility, but held that those discussions, the request for GP consent, the June 2018 wrong-address letter, the P45 and the grievance correspondence were not shown to be a repudiatory breach of contract or conduct undermining trust and confidence.

Because there was no constructive dismissal, the unfair dismissal complaint failed. The s.15 disability discrimination claim also failed because the alleged unfavourable treatment was the claimed dismissal; the tribunal said that, in any event, the respondent was pursuing legitimate aims of maintaining a workforce able to meet operational requirements and managing sickness absence. The remaining harassment allegations, including the later banking email, were dismissed because the tribunal found they were not unwanted conduct with a harassing purpose or effect. No monetary award was made.