Case 4114726/2019 · Employment Tribunal
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4114726/2019 (V) Hearing at Edinburgh on November 2020, and by Cloud Video Platform on and May 2021 Employment Judge: M A Macleod Tribunal Member: M McAllister Tribunal Member: M-C McFarlane Allan Jones
The claimant was employed as a Master Technician and had diabetes and irritable bowel syndrome, which the respondent conceded were disabilities under the Equality Act 2010 and that it knew of them at the material time. The claimant resigned after an incident in August 2019 when his manager, Mr Tait, found the claimant and two colleagues in the MOT office having a mid-morning snack and raised his voice while directing them back to work.
The tribunal found that Mr Tait expressed frustration to all three employees in the context of a busy workplace and did not single out the claimant. It rejected the claimant's evidence that Mr Tait lunged at him with a clipboard and keys, finding that this was unsupported and undermined the claimant's credibility. The tribunal held that the incident fell far short of a repudiatory breach of contract and that the claimant was not entitled to resign in response.
On the reasonable adjustments claim, the claimant relied on an alleged PCP that employees were sometimes required to work through breaks. The tribunal found insufficient evidence that this PCP was applied. It found that the claimant was consistently permitted to take breaks, including going home for lunch and taking time to eat, drink, self-medicate, check blood sugars or attend medical appointments. The disability discrimination claim therefore failed and was dismissed.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal described this as a claim that the claimant was constructively and unfairly dismissed. It found no repudiatory breach and dismissed the complaint. | Dismissed | — | — |
| Disability discrimination | Failure to make reasonable adjustments claim based on disability, principally diabetes. The respondent conceded disability and knowledge at the material time, but the tribunal found the asserted PCP was not applied and the claim failed. | Dismissed | Disability | — |
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