Ms N Lumley v North Yorkshire County Council — 2020

The tribunal heard only the claimant’s complaint of unfair constructive dismissal after her application to amend to add disability discrimination allegations was withdrawn. The tribunal identified the claimant’s case as alleging that the respondent’s suspension, investigation, disciplinary process, treatment of her grievances, and approach to her health conditions cumulatively destroyed trust and confidence and led to her resignation on 26 August 2020.

The tribunal found that the respondent was entitled to investigate concerns that came to light during the claimant’s sickness absence, to suspend her on full pay on her return to work, and to deal with her two grievances within the disciplinary process because they concerned the same subject matter. It found the investigation was lengthy but not unreasonable given the volume and complexity of documents, the number of witnesses interviewed, the investigator’s other duties, and the COVID-19 restrictions. It also found the investigation and disciplinary process were conducted fairly and reasonably.

The tribunal further found that the disciplinary panel did take the claimant’s health issues into account, including as mitigation when deciding to impose sanctions short of dismissal. It rejected the claimant’s contention that the process had been prejudged and concluded that none of the matters relied on amounted to a fundamental breach of contract or a breach of the implied term of trust and confidence. The complaint of unfair constructive dismissal was therefore dismissed.