Ms M. Gromek v Moto Hospitality Limited — 2019

The Tribunal accepted that Ms Gromek had deep-vein thrombosis and that this amounted to a disability, which Moto Hospitality Limited accepted for the purposes of the proceedings. It found that she was recruited in September 2017 as a supervisor at the Thurrock Costa branch, that Mr Argent knew about her condition when she was hired, and that she was being trained with a view to the assistant department manager role.

After her return from Poland in August 2018, the Tribunal preferred the Respondent’s account of the meeting on 18 August 2018. It found that Ms Gromek told Mr Argent and Mr Swan that she had been advised to leave the Respondent’s employment and needed a more sedentary role, rather than simply asking for a few more days off. On that basis, it found that the Respondent did not refuse promotion, did not prevent her from working her assistant manager duties, and did not act because of disability or something arising from disability. It also rejected the allegations that Mr Argent asked her why she was still at work on an almost daily basis, behaved in the hostile manner alleged, or refused to provide a reference.

The Tribunal found that the grievance lodged on 24 October 2018 and the appeal process were investigated thoroughly and without improper delay. It held that the earlier discrimination and harassment allegations were out of time, refused to extend time on a just and equitable basis, and said that, even if jurisdiction had been accepted, those claims would have failed on the merits. It also found that the later disability discrimination allegations concerning the grievance, appeal, and related matters were not well-founded.

Ms Gromek resigned on 2 January 2019, but her resignation letter did not state that she was resigning in response to adverse treatment. The Tribunal rejected the discriminatory constructive dismissal case and also found that she was not constructively dismissed. No remedy was awarded.