Mrs B Ord v BEL Valves Limited — 2021

Mrs B Ord worked for BEL Valves Limited from 1 June 2015 and was a Continuous Improvement and Health, Safety and Environmental Manager by 2017. The tribunal accepted her evidence, and that of Ms SJ McLaughlan, that Mr Clive Lincoln behaved towards her in the way she described and that his conduct amounted to bullying. After the claimant raised a formal grievance on 9 November 2018, the tribunal found that the respondent failed to carry out any meaningful or reasonable investigation: Mr Lincoln was not interviewed, the listed witnesses were not interviewed, and the grievance was not fairly concluded even after Mr Lincoln left the business on 2 January 2019.

The tribunal found that the claimant developed work-related stress, anxiety and depression, with medical and occupational health evidence showing continuing symptoms. It accepted that by September 2019 she had a mental impairment with a substantial adverse effect and that it could well last longer than 12 months, so she was disabled for the purposes of section 6 Equality Act 2010. The respondent knew or could reasonably have been expected to know that position by then. However, on the section 15 claim the tribunal held that, although being placed in a pool of one for redundancy was unfavourable treatment and the absences were a consequence of the disability, the decision to include her in the pool was part of a wider redundancy exercise caused by business need and was not shown to have been because of those absences.

The claimant succeeded in unfair constructive dismissal and breach of contract. The tribunal held that the cumulative failures in dealing with her grievance and the way the matter was handled on her return to work amounted to a breach of the implied term of trust and confidence, and that she resigned in response without affirming the contract. The later redundancy notification did not itself amount to a further fundamental breach, although it contributed to her decision to resign. The remedy awarded was a basic award of £3,150, compensation for loss of statutory rights of £500, and loss of earnings of £19,296.63, which included notice pay of £9,292.97, making a total award of £22,946.63.