Miss L Hodgson v Whistl Fulfilment (Gateshead) Limited — 2024

The tribunal found that Miss Hodgson had a mental impairment that met the Equality Act definition of disability from 29 July 2021 to December 2022, and in any event the respondent conceded disability from 24 April 2023 onwards. It also found that the respondent knew, or could reasonably have been expected to know, of her disability and the risk of substantial disadvantage by 28 September 2021, after the meetings in which she disclosed serious mental health difficulties and the arrangement allowing her to work from home was agreed.

The direct discrimination complaint based on the September 2021 Robin Williams comment failed because the tribunal preferred the respondent's evidence. It found that Mr Saveraux did not say the wording alleged by the claimant, but instead made a general point that someone could appear cheerful while still having mental health issues. On that basis, and in any event, the tribunal held the comment was not less favourable treatment because of disability.

The reasonable adjustments complaint mostly failed because the tribunal found the claimant had been given work, training and systems access in Partner Services, and that the respondent responded promptly when access or workflow issues were raised. It did not accept that she was left without enough to do or expected to do invoicing without training. The only PCP the tribunal accepted was the existence of the Partner Services WhatsApp group, but it held that the respondent did not know, and could not reasonably have been expected to know, that the claimant was likely to be disadvantaged by not being in it.

The tribunal rejected the complaint that the claimant was directly discriminated against or harassed when she was not invited to the March 2023 Christmas party. It found that the omission was because she was not regarded as a member of the Contact Centre team when the invitations were sent, and that the managers responsible were unaware of the technical transfer back to that team on 1 March 2023. It also held that this did not amount to unwanted conduct related to disability.

On the dismissal issues, the tribunal found that the claimant resigned on 4 May 2023 but was not constructively dismissed. It held that the Robin Williams comment was not a repudiatory breach, that the secondment issues did not amount to a fundamental breach, that the Christmas party omission was innocently explained, and that the grievance point did not amount to a breach because the grievance had not in fact been received and the respondent later invited it to be pursued. As there was no constructive dismissal, both the unfair dismissal complaint under s.94 ERA 1996 and the dismissal discrimination complaint failed, and no remedy was awarded.