Ms Assana Mounkpoupouonkoui v Brampton Manor Trust — 2023

The claimant, a French and Spanish teacher at Langdon Academy within Brampton Manor Trust, brought complaints of constructive unfair dismissal, direct disability discrimination, indirect disability discrimination, harassment related to disability and indirect sex discrimination. Some Equality Act complaints were held to be out of time, and the tribunal held it had no jurisdiction over the associative indirect disability discrimination complaints under section 19 Equality Act 2010.

On the constructive dismissal complaint, the tribunal did not find that the matters relied on, individually or cumulatively, amounted to a breach of the implied term of trust and confidence. It found the claimant resigned because of disagreement with the allocation of lesson planning work, but did not accept that the respondent's approach amounted to a fundamental breach of contract.

The tribunal dismissed the remaining disability discrimination, harassment and indirect sex discrimination complaints. It found, among other matters, that the relevant treatment was not shown to be because of or related to the claimant's children's disabilities, that some alleged requirements or comments were not established, and that where certain PCPs placed or may have placed the claimant at a disadvantage, the respondent had shown proportionate means of achieving legitimate aims.