Mr C Watson v Financial Ombudsman Service Limited — 2019

The Respondent conceded that the Claimant was disabled by depression and anxiety during the relevant period. The Tribunal found that the Respondent ought reasonably to have known of disability from receipt of the Occupational Health report around 8 September 2017, but dismissed all disability discrimination claims. It found that many alleged factual premises were not made out, and that the acts which did occur were not related to disability or did not amount to the pleaded unlawful treatment.

On constructive dismissal, the Tribunal found only two matters were without reasonable and proper cause: Mr Farmer recording details of an intended meeting before it had taken place, and the decision to consider the Claimant's grievance and disciplinary matters together. It held that, even cumulatively, those matters did not destroy or seriously damage trust and confidence and did not amount to a repudiatory breach.

The Tribunal dismissed the victimisation claim, finding that the alleged detriments were not because of the 1 March 2018 protected act. It also dismissed the unauthorised deduction from wages claim, holding that the Claimant was in an ongoing disciplinary process when absent in February 2018 and was therefore not contractually entitled to company sick pay under the sickness absence policy.