Mrs P Haslam v Colegrave Primary School and 1 other — 2020

The Claimant was employed as a Special Educational Needs Teaching Assistant and was told in June 2018 that she would be deployed to the PMLD room for the next academic year. She raised health concerns connected with chronic pelvic pain. The Respondent referred her to Occupational Health and received a report recommending restriction from the PMLD room or strenuous activities while symptoms continued, but the Tribunal found the report lacked detail about the duties and was based on incomplete information about the PMLD room, including the use of aids, training and team working.

The Tribunal found that the School did not finally refuse to redeploy the Claimant before the summer break. It found that staff told her the position would be reviewed in September 2018, and that on 3 September she attended hoist training only, with no pupils present and no strenuous activity required. The Tribunal found that several alleged comments or acts of rudeness did not occur, and that the instructions given were reasonable management actions in the circumstances.

On constructive dismissal, the Tribunal concluded that the Respondents had not acted in a way calculated or likely to destroy or seriously damage trust and confidence, and that there was no last straw on 3 September 2018. On reasonable adjustments, it identified the relevant PCP as TAs being required to work as directed in any part of the School, including the PMLD unit, but found the Claimant had not been placed at a substantial disadvantage by that PCP before she resigned. In the alternative, even if the duty had arisen, the School had not breached it because it was still reasonably assessing the nature and extent of any disadvantage and the Claimant was then absent sick during her notice period.