Ms K Burton v University Hospitals of Derby and Burton NHS Foundation Trust (“the third respondent” or “R3”) — 2021

The Claimant was employed as a Senior Therapy Radiographer and had periods of sickness absence connected with mental health conditions. The Respondent accepted knowledge of disability from December 2017. The Tribunal preferred the evidence of the Respondent's witnesses where accounts conflicted, finding their evidence consistent with contemporaneous documents.

On constructive unfair dismissal, the Tribunal found that the Respondent had supported the Claimant over the relevant period, had not failed to provide the alleged training, contact, breaks or consideration of concerns, and had not acted in a way calculated or likely to destroy mutual trust and confidence. The April and May 2019 meetings were found to have addressed welfare, absence and possible adjustments, and the Tribunal rejected the alleged dismissal threat or suggestion that the Claimant should resign.

The disability discrimination claims were dismissed. The Tribunal found no less favourable treatment because of disability, no harassment, and no failure to make reasonable adjustments. It found that adjustments had been made or considered, including flexible working, phased return arrangements, absence management discretion and discussion of non-patient-facing options.

The whistleblowing detriment claim was dismissed because the Tribunal found the alleged complaints to Joanne Marshall and Sarah Clements were not made as claimed, the anonymous concerns raised through the freedom to speak up guardian were not known to the relevant managers, and no detriments were established. The unlawful deduction and breach of contract claims were dismissed because the Claimant resigned with immediate effect, no notice pay promise was made, and she had been paid up to 7 June 2019.