Mr I Hines v Mick George Ltd — 2018

Mr Hines had worked for Mick George since 2012, left in 2014 for a triple heart bypass, and then returned on a temporary weighbridge contract from 30 March 2015. A dispute developed between him and his supervisor, SP, after an email of 26 July 2017 and an informal grievance in August 2017. The respondent investigated, SP apologised for swearing at the claimant, and the claimant was moved from Ringstead to Cook's Hole as a temporary measure.

In August 2018 the claimant provided a fit note saying he would benefit from altered hours and Monday to Friday working only. The tribunal accepted, on the medical and lay evidence available, that the claimant was disabled within section 6 Equality Act 2010. It then found, however, that the respondent did not know and could not reasonably be expected to know that the heart condition had a substantial adverse effect on normal day-to-day activities, applying the knowledge test discussed in Gallop v Newport City Council and schedule 8 paragraph 20 EqA.

On the reasonable adjustments case, the tribunal considered the alleged PCPs of Saturday working and reduced hours but found insufficient evidence that either PCP put the claimant at a substantial disadvantage compared with non-disabled employees. It also noted that the claimant had accepted an adjusted pattern at Cook's Hole that still involved Saturday working. The s.19 indirect discrimination claim was not pursued at the hearing and was dismissed.

The constructive unfair dismissal claim failed because the tribunal found the claimant resigned solely after being told he would have to return to Ringstead and work with SP again. It held that this requirement did not breach any express term and did not amount, on the facts found, to a fundamental breach of the implied term of mutual trust and confidence. The tribunal therefore dismissed the constructive dismissal claim in full.