Mrs D. Stripe v Clarion Housing Group Ltd — 2020

The respondent accepted that the claimant was disabled by fibromyalgia, and the tribunal treated IBS, chronic idiopathic urticaria, stress, anxiety and depression as part of the relevant constellation of symptoms rather than separate disabilities. The reasonable adjustments claims failed because the tribunal found the requirements relied on were proposed but not applied in practice, or that the respondent had taken the relevant steps, including continued working at Vange, retention of adapted equipment, parking arrangements, flexibility, homeworking where needed, and dealing with the grievance within a reasonable timescale.

The harassment claim about the occupational health referral was dismissed for lack of jurisdiction because it was out of time and it was not just and equitable to extend time. The tribunal also said that, if it had jurisdiction, the phrase complained of was unwanted conduct related to disability but did not meet the statutory harassment threshold. The harassment allegation about the grievance appeal meeting failed because the tribunal found the alleged conduct by Mr Moody did not occur and was not linked to disability.

The tribunal found protected acts in the claimant's grievances of 3 September and 26 November 2019, but dismissed the victimisation claims. It found the occupational health referral issue was out of time and predated the first protected act, the delay in the grievance had an adequate non-discriminatory explanation, and the alleged conduct at the appeal meeting was not proved.

For constructive dismissal, the tribunal found no breach of an express contractual term because the claimant's contractual base was Bishops Stortford. It found that Mr Morling's 20 November 2019 proposal that the claimant work five days a week at Bishops Stortford was likely seriously to damage trust and confidence, but the claimant did not resign in response to that breach. The tribunal found she had accepted new employment with Citizens Advice and, alternatively, had affirmed the contract by remaining employed, being on sick leave, and then returning to work before resigning.