Ms S Bewley (Counsel). For the v Respondent — 2021

The claimant worked for Cambridge University Hospitals NHS Foundation Trust as a Specialist Research Nurse from 7 July 2008 until she resigned with immediate effect on 5 April 2018. She alleged constructive unfair dismissal, breach of contract, holiday pay, age discrimination, disability discrimination by association, harassment and victimisation. The tribunal heard evidence over several days and dismissed the claim in its entirety.

On the December 2016 discussions, the tribunal found that the claimant was told funding for her post was not yet confirmed, not that her contract would not be renewed. It accepted that the claimant had been told the role depended on research funding and that the later renewal of funding meant her contract was extended. The tribunal also rejected or neutralised the pleaded remarks about her being 'slow', her eye condition, and retirement age, finding they were either not proved or were factual/contextual comments rather than age- or disability-based treatment.

The claimant's April 2017 grievance and subsequent appeal were found to have been investigated and answered properly. The tribunal held that the grievance outcome, appeal outcome, the handling of the 5 July 2017 compassionate leave episode, and the later appraisal-related matters were not motivated by age, disability by association, or retaliation. One later failure to progress the appraisal review was accepted as an oversight by Charlotte Mills and was not treated as discriminatory or victimising.

The evidence about home working and flexible working was also resolved against the claimant. The tribunal found that the differences between her and Susana Borja-Bolunda were due to the claimant's patient-facing role, the software required for home access, funding issues for a laptop, and the claimant's own difficulties working effectively from home. The flexible working request made on 10 August 2017 was considered and a revised pattern was agreed; the later review meeting on 29 March 2018 was late, but the tribunal found no detriment from the delay and did not accept the alleged remarks by Professor Karet or Dr Sandford.

Applying the usual constructive-dismissal authorities, including Western Excavating, Omilaju and Malik, and the Equality Act authorities it cited, including Shamoon, Nagarajan, JFS, Dhaliwal, Efobi and Hendricks, the tribunal held that the conduct proved did not amount to a fundamental breach of contract or to discrimination, harassment or victimisation. It found that the claimant's resignation was not caused by conduct entitling her to leave without notice, and no monetary remedy was awarded.