Mr N. Turner v National Highways Limited — 2024

The claimant was a Traffic Officer who had worked early shifts only since a 2013 adjustment. He requested part-time working in October 2021 and worked a four days on, five days off pattern from January 2022 as a six-month flexible working trial. The respondent later decided the trial would end at the end of June 2022 because of staffing levels at the Toddington outstation, while saying it would try to accommodate the pattern where staffing allowed.

On the reasonable adjustments claim, the tribunal found the full-time six days on, three days off PCP was applied from June 2022, but the claimant had not established that it put him at a substantial disadvantage because of his atrial fibrillation or Tachy-Brady syndrome. It found the contemporaneous medical evidence showed he was fit for full duties, that earlier adjustment discussions related to peripheral neuropathy or caring responsibilities, and that the respondent could not reasonably have known of the alleged substantial disadvantage before late May or early June 2022. Once a possible health reason was raised, the tribunal found the respondent acted reasonably by arranging an Occupational Health referral.

On constructive unfair dismissal, the tribunal found the respondent had not failed to allow the claimant to continue part-time working because it offered to reinstate that pattern with immediate effect after his resignation. In any event, it found no fundamental breach of the implied term of mutual trust and confidence: the claimant’s contract was full-time, the arrangement was a trial, notice had been given, and the respondent had staffing reasons for ending it. The tribunal also found the resignation was caused by a variety of factors and, if there had been a breach, the claimant had affirmed the contract by continuing to engage with work issues for about a month before resigning.