Claimant v Craigard Care Ltd (In Administration) — 2023

Mrs L Bristow worked for Craigard Care Ltd as a Night Duty Care Assistant from 22 November 2018 and had Carpal Tunnel Syndrome, which the tribunal recorded as a disability within s.6 Equality Act 2010 and which the respondent had conceded. After surgery on both wrists and a long period of sickness absence, she met her line manager on 4 November 2021 and again on 17 February 2022 to discuss a return to work, including a phased return and light duties. The case proceeded undefended after the respondent entered administration on 3 March 2023, and the tribunal heard evidence from the claimant alone, finding her measured, consistent and credible.

At the 17 February 2022 meeting, Janene Whyte told the claimant, in substance, that there were no light duties and that if she could not do a full 12-hour shift there was no job for her. The tribunal found that Ms Whyte was aggressive and dismissive, and that Ms Mackenzie was unable to answer or interject. The claimant was very upset, later developed stress symptoms, saw her GP on 4 March 2022, said that she intended to resign, and handed in her resignation letter and sick line later that day.

The tribunal held that the respondent's conduct at the February 2022 meeting was a clear breach of the implied duty to maintain trust and confidence. On that basis it found that the claimant had been constructively dismissed and that the dismissal was unfair. It also found that the complaints of direct discrimination, discrimination arising from disability, indirect discrimination, and failure to make reasonable adjustments were well-founded. The tribunal was satisfied that the claims were timeous.

On remedy, the tribunal accepted the claimant's schedule of loss in part. It awarded a basic award of £957.78 and financial loss of £17,316.44, noting that the claimant had intended to retire on her 70th birthday on 27 July 2023 and had taken reasonable steps to obtain alternative work without success. It also awarded £10,000 for injury to feelings, applying Vento, and £944.66 interest at 8% for 431 days from the effective date of termination to the hearing. The tribunal declined to award the 25% uplift sought, and the total award was £29,218.88.