Member J Lindsay Tribunal Member S Singh Ms A Nicholl v Wm Morrison Supermarkets Limited — 2022

The tribunal allowed the victimisation complaint to proceed out of time, finding it just and equitable to extend time given the claimant's lack of computer literacy, her attempts to raise matters internally and with ACAS, and the limited prejudice to the respondent. The victimisation claim was dismissed because the tribunal found that none of the alleged acts relied on by the claimant amounted to a protected act under section 27 Equality Act 2010.

On constructive unfair dismissal, the tribunal considered the claimant's complaints about proposed changes to her working hours, the incident on 11 February 2022 when she was sent home, and the later disciplinary process. It found that discussions about working hours did not breach the implied term of trust and confidence. It found that sending the claimant home on 11 February 2022 for perceived lack of productivity, and then failing to discuss the matter with her afterwards, did breach that implied term.

However, the tribunal found the claimant did not resign in response to that breach, but because she feared dismissal for gross misconduct and possible effects on her pension after the later disciplinary allegations. It also found that she had affirmed the contract after the 11 February breach by continuing to work and not pursuing the grievance further. The disciplinary suspension and investigation in March 2022 were found to have reasonable and proper cause and did not revive or contribute to the earlier breach. The breach of contract claim was therefore also dismissed.