Mrs M Bray v East of England Ambulance Service NHS Trust — 2020

The tribunal dismissed the claimant’s constructive dismissal claim. It found that the respondent’s use of performance improvement plans, warnings, removal from call-handling duties, and progression to capability procedures were responses to repeated audit failures in a patient-safety-critical role. The tribunal found the process was intended to be supportive, that extensions and additional training were provided, and that the delays complained of did not amount to a repudiatory breach of trust and confidence, whether individually or cumulatively.

On the disability discrimination claim under section 15 Equality Act 2010, the tribunal accepted that the claimant had multiple sclerosis and was disabled. However, it found there was no sufficient evidence that the stress, anxiety, or cognitive issues relied on arose in consequence of her disability before early 2018, and that the respondent did not place her on the PIPs because of such matters. In any event, the tribunal held that placing her on the PIPs was a proportionate means of achieving the legitimate aim of improving performance and maintaining a safe and efficient emergency service.

On the reasonable adjustments claim, the tribunal found that although the respondent knew of the claimant’s MS, it did not know and could not reasonably have been expected to know until about late March 2018 that MS was causing the claimant any material workplace disadvantage of the kind alleged. It also found that the proposed adjustment of allowing up to three non-compliances per month before performance management action would not have been reasonable given patient safety requirements. The tribunal further noted that other supportive steps had in fact been taken, including flexible working, phased returns, and repeated extensions of the PIP process.