Ms S Fox v South Essex Academy Trust — 2018

The Tribunal dismissed the complaints of disability discrimination (failure to make reasonable adjustments under ss.20-21 Equality Act 2010), disability-related harassment (s.26 EA 2010), and unfair (constructive) dismissal. It found that the series of acts and omissions relied upon did not, taken individually or cumulatively, amount to a breach of the implied term of trust and confidence, and that the events of 11 and 12 May 2017 which prompted the Claimant's resignation were insufficient to constitute a "last straw". The Tribunal found that, in most instances, the Respondent's senior management and HR advisers had acted reasonably and with proper cause, and that on the limited occasions where conduct may objectively have been unreasonable it was the result of mistake or oversight rather than deliberate action.

On the discrimination claims, the Tribunal made positive findings of fact upholding the Respondent's case, with the result that the burden of proof provisions in s.136 EA 2010 were not engaged. The Tribunal observed that the Claimant was over-sensitive to perceived or actual criticism and management direction, which it considered was probably a consequence of her stress-related symptoms including impaired ability to process information and a tendency to ruminate.