Miss A Stroud, counsel For the v Respondent — 2020

The claimant, a Crown Prosecutor at CPS, had a long-term absence after a violent incident at Hendon Magistrates Court in October 2017 and was accepted to be disabled by reason of spondylothesis and later PTSD. The judgment records that the claims of victimisation, unlawful detriment on health and safety grounds under s.44 ERA 1996, automatic unfair dismissal under s.100 ERA 1996 and breach of contract were withdrawn and therefore dismissed on withdrawal.

On the dismissal issues, the tribunal found that the claimant had resigned and had not been dismissed by the respondent. It rejected her case that Mr Fernandez coerced her to resign or told her she would imminently be dismissed, and found that the 27 April 2018 LTAR meeting at Hendon was not a repudiatory breach of contract. The unfair dismissal claim therefore failed, including the constructive dismissal argument.

On disability discrimination, the tribunal accepted that the respondent breached the duty to make reasonable adjustments by holding the second LTAR meeting at Hendon Magistrates Court on 27 April 2018, because that venue caused the claimant substantial disadvantage and the respondent had constructive knowledge of that disadvantage. The remainder of the reasonable-adjustments case failed, and the tribunal also dismissed the indirect disability discrimination, direct disability discrimination, and discrimination arising from disability claims.

The extracted text is liability-only and does not set out any remedy award.