Mr A Edwards v Lancashire County Council — 2020

The claimant, a school catering supervisor, brought complaints arising from a series of workplace incidents and his resignation. The tribunal found that most alleged incidents were not discrimination or harassment. It accepted that Mrs Harvey made the "little boys" remark twice at a meeting on 6 November 2017 and found that this was both age-related and sex-related harassment, but held that the complaint about that incident was brought substantially out of time and that it was not just and equitable to extend time.

The tribunal rejected the claimant's direct discrimination complaints. It found that the respondent had not refused a day off, had not failed to provide paternity information in the way alleged, had not suspended the claimant as alleged, had not told him he was absent without leave, and had not encouraged a relief cook to look for faults in his kitchen. Where incidents did occur, the tribunal found no sufficient basis that the treatment was because of age or sex, or related to sex or age for harassment purposes.

On dismissal, the tribunal found that the claimant did not receive the respondent's dismissal letter, so the dismissal did not take effect. The employment ended by resignation. The tribunal found that the respondent had breached the implied term of trust and confidence by 26 April 2018, including through the November 2017 meeting and the later "stop fighting" comment, but the claimant delayed resigning, affirmed the contract, and resigned because of the imminent disciplinary outcome rather than in response to that breach. The unfair dismissal complaint therefore failed.