Mr M Cardownie v Sitel UK Ltd — 2021

The claimant withdrew his unfair dismissal complaint after the Tribunal explained that he did not have the two years' continuous employment normally required for an ordinary unfair dismissal claim and had not pleaded an automatic unfair dismissal claim. The remaining claims were discrimination arising from disability and breach of contract.

The Tribunal found that the claimant was disabled for the purposes of s6 Equality Act 2010 by reason of depression and anxiety. It also found that dismissal was unfavourable treatment and that the immediate reason for dismissal was the claimant's absences. However, it concluded that six of the nine absences had no connection with disability, and that there was no evidence that the three potentially connected absences were decisive or triggered the dismissal. The disability discrimination claim was therefore dismissed.

On breach of contract, the Tribunal found that the disciplinary, grievance and appeal policies expressly did not form part of the claimant's terms and conditions, and that the absence management policy was not incorporated into the contract. The policies were not available on the Shared Drive when the claimant looked for them, but the Tribunal treated this as a technical breach causing no loss and falling within the de minimis principle. The breach of contract claim was dismissed.