Mr Vince Haigh v DK Tools Ltd — 2024

Mr Haigh worked for DK Tools Ltd from 8 May 2017, became warehouse manager and later took on health and safety responsibilities, and resigned by email on 9 March 2022 with notice expiring on 6 April 2022. The tribunal accepted that he had essential hypertension and later held that it amounted to a disability within section 6 Equality Act 2010. It also found that his disability claim was brought in time on a continuing-acts basis and that it was just and equitable to extend time.

On the constructive dismissal complaint, the tribunal accepted that Mr Haigh had been moved onto 12.5-hour shifts during the Covid period and that occupational health was delayed until the grievance process had finished, but it found that these steps were taken for business reasons or on professional advice. It rejected the allegations that there had been a health and safety breach, a near miss, an offer to leave at the 7 July 2021 meeting, or erroneous facts in the grievance outcome. Applying the constructive dismissal authorities and the implied term of trust and confidence, the tribunal held that the respondent had not behaved in a way calculated or likely to destroy or seriously damage the employment relationship, so there was no constructive unfair dismissal.

The tribunal dismissed the harassment claim because it found that no payoff offer was made at the 7 July 2021 meeting. It dismissed the section 15 claim because the alleged forced resignation did not occur, and it rejected the case that staffing levels or the grievance process amounted to unfavourable treatment because of something arising in consequence of disability. The reasonable adjustments claim also failed: the tribunal found that the revised shift pattern did not put Mr Haigh at a substantial disadvantage, that the company had increased staffing by four people when demand rose, and that he had discretion to use agency staff. No remedy was awarded because all substantive claims were dismissed.