Ms. A Trela v Nestle UK Ltd — 2023

The claimant was employed as a line operator at the respondent's Tutbury site and resigned after being told in a grievance meeting that the respondent could not guarantee a transfer to Halifax within three to four weeks. The tribunal found that the respondent had taken steps to check for vacancies and explain how vacancies could be monitored, but that no suitable line operator vacancy at Halifax arose and there was no obligation to create one.

On constructive dismissal, the tribunal found that the alleged express contractual terms were not terms of the claimant's contract and that the pleaded acts did not individually or cumulatively breach the implied term of mutual trust and confidence. It accepted that some emails should have been acknowledged or answered, but found those matters did not cause the resignation and did not alter the position on the requested transfer.

On reasonable adjustments, the tribunal found that the telephone occupational health assessment complaint was out of time and that, in any event, the respondent did not know before December 2020 that the claimant said telephone calls caused difficulty because of Aspergers. It also found that the alleged transfer PCP was not applied, that the evidence did not show the pleaded substantial disadvantage by reason of Aspergers, and that creating a role at Halifax would not have been a reasonable adjustment. The wrongful dismissal claim failed because the claimant asked to leave on 30 April 2021, that request was agreed, and she was paid up to that date.