Mr Swales, lay representative For the v Respondent — 2021

Ms C Barker worked as a nurse at the respondent's medical centre at Center Parcs Woburn. Her claim form originally included constructive unfair dismissal, disability harassment, wrongful dismissal and age discrimination, but wrongful dismissal and age discrimination were withdrawn before the final hearing. The tribunal heard evidence over 20 to 23 September 2021 and treated the agreed list of issues as complete.

On harassment, the tribunal found that the only conduct capable of amounting to harassment was the circulation of an agenda document at a staff meeting on 18 January 2017 containing the phrase "buy a bus to dribble on the Windows" and Ms Stopp's use of the expression "window lickers" on one occasion around that time. It rejected the claimant's wider case that similar remarks were repeated on later dates or formed a continuing pattern, and it found the wider allegations of inappropriate comments were not supported by the diary entries or WhatsApp messages. The tribunal held that the complaint was brought more than two years and eight months after the relevant conduct, outside the primary limitation period, and it was not just and equitable to extend time.

The tribunal said the conduct was offensive and inappropriate, but on the evidence before it it did not have the effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. It also found that neither Ms Bradbury nor Ms Stopp knew that the claimant's husband had a disability within the Equality Act definition, although the harassment claim was pleaded as disability harassment. The harassment claim was therefore dismissed.

On constructive unfair dismissal, the tribunal rejected the argument that the rota changes, time owing arrangements, training decisions, leave handling, social exclusion, disciplinary allegations and grievance handling amounted to a fundamental breach of the implied term of trust and confidence. It found the move from self-rostering to manager-set rotas had reasonable business reasons, that the disciplinary allegations about bringing a dog onto the village and the day pass signature were raised after a reasonable investigation, and that the disciplinary and grievance procedures were fair and reasonable. The tribunal also held that, if there had been a relevant breach, the claimant had affirmed the contract by continuing to work for more than a year after the January 2017 conduct. The constructive unfair dismissal claim was dismissed, and no monetary award was made.