Miss N Hasumat v EE Limited — 2021

The tribunal rejected most of the Claimant's alleged breaches of contract. It found that the reduction in hours in September 2018 followed the Claimant's request, that contact during sickness absence was part of ordinary absence management, that Mr Hassan's management after her return to work did not amount to hostility or bullying, and that the refusal of a four-week holiday request before the end of the holiday year had reasonable and proper cause. It also found that the later reduction to 12 hours was discussed with the Claimant and introduced because of attendance and rota issues, and that any breach had in any event been affirmed.

The tribunal upheld the constructive unfair dismissal complaint on the basis of the final-straw allegation. It found that the gist of disparaging comments made by Mr Hassan about the Claimant to a manager at another store was relayed back to her, that there was no reasonable or proper cause for using those descriptions, and that this breached the implied term of trust and confidence and caused her resignation.

The sex discrimination claim was dismissed because the tribunal found no evidence from which it could conclude that the Claimant was treated less favourably because she was a woman. The holiday pay claim was also dismissed: using the Respondent's records and the tribunal's findings about the September 2018 hours change, the tribunal was unable to find any outstanding accrued but unpaid leave and found an overpayment of 19.33 hours. For remedy, the tribunal found the Claimant would have resigned in any event to take up her new full-time job, so there was no financial loss and only a basic award was made.