Ms J E Horrobin v Leicestershire Partnership NHS Trust — 2019

Ms J E Horrobin, a Support Secretary at Leicestershire Partnership NHS Trust, brought disability discrimination complaints and a constructive unfair dismissal claim. Anxiety and depression were accepted as disabilities for the proceedings, but fibromyalgia/chronic fatigue syndrome were not. The tribunal extended time for the discrimination claims under the just and equitable discretion, noting that the complaints were largely documented and the respondent suffered little prejudice from delay.

The disability discrimination complaints were dismissed. The section 15 complaint failed because the written warning of 16 May 2016 was not linked to disability-related absence, and the resignation/dismissal complaint was not shown to be something arising in consequence of disability. The reasonable adjustments complaint also failed: the alleged requirement to work in a hostile environment was not a valid PCP imposed by the respondent, punctuality was not shown to arise from disability, and the suggested adjustments were either not requested or did not address a disability disadvantage.

The constructive dismissal complaint succeeded. The tribunal accepted that there had been a prolonged pattern of hostile and demeaning behaviour between the claimant, Mrs Warner and Ms Scott, supported by emails and by evidence from Ms Hunt and Ms MacMillan, and that management was largely reactive rather than investigatory. Applying the implied term of trust and confidence and the last straw authorities, including Western Excavating, Malik, Baldwin, Omilaju, Wright and Kaur, the tribunal found that the cumulative conduct amounted to a repudiatory breach and that the confrontation on 16 June 2017 was the final straw that caused the claimant to resign. Remedy was not determined because the issue of remedy was adjourned.