Anna Szymanek v Kolak Snack Foods Limited — 2025

The claimant, Ms Anna Szymanek, was employed as an administrator and the respondent accepted that she was disabled by reason of depression and anxiety. The tribunal found that it did not have knowledge of her disability until 24 November 2022, when she raised anxiety and depression in her written grievance. On the disputed events of 21 November 2022, the tribunal preferred the evidence of Mrs Zamiteas and found there was no shouting, no inappropriate tone, and no refusal of a break.

The tribunal found that the grievance process was, overall, fair and reasonable, although it said that a better investigation would have included fuller questioning and a stress risk assessment, and that it would have been better practice to give notice of the 12 June 2023 meeting. It held, however, that these matters were not because of disability and did not amount to less favourable treatment. For the reasonable adjustments complaint, time was extended as just and equitable, but the only PCP found was the respondent's choice of line manager; that PCP did not place the claimant at a substantial disadvantage compared with non-disabled employees. The other alleged PCPs were not established on the evidence.

The harassment complaint failed because the tribunal found no unwanted conduct related to disability. It accepted that the respondent's management of the situation was at times insensitive or misguided, but found that the actions were intended to deal with the issues raised by the claimant rather than to violate dignity or create a hostile environment. The constructive dismissal claim also failed: applying the trust and confidence authorities, the tribunal found no repudiatory breach and no conduct objectively calculated or likely to destroy or seriously damage the employment relationship. The complaints were dismissed in their entirety.