Mr C Banham (counsel) For the v Respondent — 2022

The claimant was a police officer and safeguarding sergeant. The respondent accepted that she was disabled at all material times by reason of mental impairment, diagnosed variously as depression, anxiety and Complex PTSD. The tribunal found that the withdrawal of permission for her secondary business interest was unfavourable treatment because of long-term sickness absence arising from disability.

The tribunal found that the respondent had not shown that withdrawing permission for the business interest was a proportionate means of achieving a legitimate aim. It also found a failure to make reasonable adjustments in the application of the business interests policy, because the claimant should have been permitted to continue the business interest subject to conditions at the review or appeal stage.

The tribunal concluded that the respondent's conduct in relation to the withdrawal of permission and the appeal was a repudiatory breach which played a part in the claimant's resignation. The constructive dismissal was found to be discriminatory because the repudiatory conduct included acts contrary to sections 15 and 20(3) of the Equality Act 2010. Remedy was reserved to a later hearing.