Ms G Excellent v Royal Mail Group Limited — 2020

The claimant, aged 50 at the relevant time, had worked as an OPG and acted up as a Deputy Manager. The tribunal found she had not passed the Trainee Manager assessment required to continue acting up in Deliveries, although the respondent's communication about the assessment process and the transition from Deputy Manager to Trainee Manager was unclear and contributed to confusion. The tribunal found the reason she was asked to return to OPG grade was the audit which identified that she had not passed the relevant assessment, not her age.

The tribunal was critical of the handling of the claimant's grievance. It found significant delay, poor communication, and an unreasonable approach by the grievance officer in proceeding without properly communicating with the claimant. However, it found no basis to conclude that the shortcomings were because of age, and it found that refusing or failing to hold the grievance meeting away from the respondent's premises was not less favourable treatment.

On dismissal, the tribunal found the real reason was some other substantial reason: the claimant was absent, unwilling to return or engage in discussions unless offered a permanent managerial role, and the respondent reasonably believed she would not return. The tribunal found she was not entitled to a permanent managerial role, rejected her constructive dismissal and health and safety dismissal arguments, and held that dismissal was fair and reasonable in the circumstances.