Mr D Adams, Counsel For the v Respondent — 2024

Mrs A Ashaye worked for National Fostering Group Limited from 3 July 2014 and resigned with effect from 1 February 2022. She brought claims for constructive unfair dismissal, direct sex and race discrimination, and notice pay. She later raised a grievance about the lack of a development plan, the exit package and alleged discrimination; it was investigated and the appeal was unsuccessful.

On discrimination, the tribunal rejected the claimant's case that the complained-of treatment was because she was a black Nigerian woman. It found that no development plan followed the November 2020 Regional Director interview because she had not contacted Mr Christie for a detailed feedback meeting; that Mr McCarthy was seconded to the trial Assistant Regional Director role for objective operational reasons linked to the proposed split of the region, the trial cluster and the state of the claimant's own agency; that the January 2022 sick-pay issue followed the contractual entitlement to 10 days' full pay and no request for a discretionary extension had been made; and that there had been no established failure to respond to a request to waive the restrictive covenant.

On constructive dismissal, the tribunal held that the respondent's welfare checks during sickness absence, the appointment of an interim registered manager after the claimant had been absent for more than 28 days, the email to staff about her absence and the request for GP information were reasonable and did not amount to a fundamental breach of contract or destroy trust and confidence. It therefore dismissed the constructive dismissal claim and also dismissed the notice pay claim. No monetary award was made.