Case 4104852/2022 · Employment Tribunal
Claimant v Lloyds Bank plc — 2023
- Case reference
- 4104852/2022
- Decision date
- 6 September 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge Jones Tribunal
- Venue
- Edinburgh
- Panel members
- M Watt, A Mathieson
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe Tribunal found that the claimant had been employed by Lloyds Bank plc in IT roles and had been absent with stress and anxiety during 2020 and 2021. The respondent accepted disability at the relevant time, but the Tribunal found that occupational health material referred to personal rather than work-related causes, and that the line manager provided support including contact during absence, counselling arrangements, help with university issues, and a phased return.
The race discrimination claim was dismissed because the Tribunal found no less favourable treatment and no evidence that any treatment was because of race. The allegation concerned informal enquiries about possible future roles and the Tribunal did not accept that the line manager following up on the claimant's possible interest in another area amounted to a detriment.
The reasonable adjustments claim was dismissed because the Tribunal found no established disadvantage from meeting the line manager without the claimant's father present and found it would not have been reasonable for the father to attend meetings involving sensitive work issues. The harassment claim was dismissed because the claimant's evidence went no further than saying performance improvement meetings made him feel uncomfortable, and the Tribunal found no evidence of conduct creating the prohibited environment or of conduct related to disability.
The constructive dismissal claim was dismissed because the Tribunal found no breach of contract by the respondent. It accepted that the financial attestation and subsequent meeting arose from ordinary vetting procedures and contractual obligations, not from the line manager's improper action, and found that the claimant had already been seeking alternative employment before the vetting issue arose. The Tribunal concluded that all claims failed and should be dismissed.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The adjudicated race discrimination allegation concerned being dissuaded from applying for a promoted or alternative role. An earlier overtime-related race allegation was recorded as withdrawn. | Dismissed | Race | — |
| Disability discrimination | Reasonable adjustments claim concerning 1:1 meetings with the line manager and attendance by the claimant's father. | Dismissed | Disability | — |
| Harassment | The pleaded harassment allegation concerned meetings with the claimant's line manager during the informal performance improvement plan. | Dismissed | Disability | — |
| Constructive dismissal | The claimant alleged that the respondent breached contract by requiring financial attestation and escalating matters after the attestation; the Tribunal rejected that allegation. | Dismissed | — | — |
| Unfair dismissal | The judgment records that the claimant claimed he had been constructively and unfairly dismissed, and concluded that he was not unfairly dismissed. | Dismissed | — | — |
Legal tests applied
5 references- Section 9 Equality Act 2010
- Section 13 Equality Act 2010
- Section 20 Equality Act 2010
- Section 26 Equality Act 2010
- repudiatory breach of contract constructive dismissal test
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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