Mr R Coyte v And Siemens Financial Services UK Limited — 2020

Mr Coyte started with Siemens Financial Services UK Limited in 2011 and, after an internal restructure, was given the role of Head of International Vendor Accounts in September 2017. The tribunal found that when he met Mr Swadlo on 8 November 2017 the title was removed because he was the only person in the team, but his role, pay and terms did not change. It also found that the absence of a September/October 2017 PMP had reasonable and proper cause in the restructuring and did not amount to a breach of trust and confidence.

On the constructive dismissal complaint, the tribunal accepted that Mr Coyte raised concerns with Mr A on 17 January 2018 and with Mr Swadlo on 29 January 2018, but found he had decided to resign no later than 22 January 2018 and communicated that decision in the 23 January 2018 emails. It held that there was no fundamental breach, no final straw and no unreasonable failure to act, because the claimant gave no reasonable opportunity between 29 and 31 January 2018 for the respondent to deal with the grievances. The respondent then treated the resignation letter as a grievance, investigated it and pursued the appeal process, but the grievance and appeal were not upheld.

On age discrimination, the tribunal applied section 13 Equality Act 2010 and the burden of proof authorities of Madarassy, Igen and Ayodele. It found nothing in Mr Swadlo's 2017 conference presentations that referred to age or could reasonably be understood as age-based, and it rejected the allegations about Melanie Kratz and the later Proximity Department appointment because there was no evidence of less favourable treatment. The tribunal also held that the 2015 allegations were out of time under section 123 Equality Act 2010 and that the alleged comment that Mr Coyte was the oldest in the company, said to have been relayed to him when he was not present, was not discriminatory. Both complaints were dismissed and no remedy was awarded.