Miss R Harkness v Holland & Barrett Retail Limited — 2019

Miss Harkness worked for Holland & Barrett from 2011 and became store manager at the Culver Walk store in 2016. The tribunal found that she was disabled by reason of interstitial cystitis and emotionally unstable personality disorder, and that the respondent ought reasonably to have known of both conditions by the relevant times through medical absence records, return-to-work documentation, conversations with managers and HR, and the absence of any effective system for passing health information to new managers.

On the reasonable adjustments complaint, the tribunal found that the respondent applied PCPs including requiring her to manage the Culver store, exposing her to the real risk of lone trading after a reduction in hours, and managing her through the ASM role. It held that the risk of lone trading and the pressures of managing the store placed her at a substantial disadvantage because of her disabilities. The tribunal rejected some other alleged PCPs, including the sewage leak allegations, the deliveries-alone complaint, and the contention that use of the stairs to the toilet was a material disadvantage. It concluded that reasonable adjustments should have included either about 3.5 extra hours per week or an additional key-holder to avoid lone trading, and continued mentoring support after Mrs Cepparulo was promoted.

On constructive dismissal, the tribunal found that when Mr Gold raised the prospect of lone trading in March 2018, he did not explore ways to avoid it despite knowing of the claimant's cystitis and its toileting effects. It held that telling her she could close the store was not enough in the circumstances, and that the respondent's approach was likely to seriously damage trust and confidence. The claimant resigned in response to that breach, did not affirm the contract, and was therefore constructively unfairly dismissed. This liability judgment did not determine compensation; remedy was left for a later hearing.