Mr R Ullah v Harrods Ltd. — 2019

The tribunal found that after the claimant injured his toe at work on 16 March 2017, the respondent managed his sickness absence through his line managers in accordance with its sickness policy. It found that the claimant was regularly contacted by his line manager, that there was no requirement for more senior managers to contact him directly, and that there was no obligation to refer him immediately to Corporate Health Services.

The tribunal also found that Kelly Robinson was reasonably unavailable to meet the claimant in person after his resignation, that a telephone conversation was offered instead, and that Gary Cole had not lied about her availability. It concluded that the actions relied on by the claimant either did not occur as alleged or were normal and reasonable in the circumstances, and therefore did not amount to less favourable treatment because of race or religion or belief.

On dismissal, the tribunal held that the respondent had not committed any breach of contract, let alone a repudiatory breach of the implied term of trust and confidence. It found that the claimant resigned because he believed senior managers should have contacted him during his absence, but that the respondent's conduct was entirely appropriate, so the constructive dismissal claim failed.