Ms E Louison v Barking, Havering and Redbridge University Hospitals NHS Trust — 2023

The tribunal found that the claimant, who was disabled by reason of sickle cell anaemia and PTSD, had not shown that the matters complained of were related to race or disability. In relation to the annual leave dispute, the tribunal found the respondent had applied its annual leave policy reasonably, allowing five days' carry-over but refusing a request to carry over a substantially larger amount when the claimant had returned to work in September 2023 and had time to take the leave within the relevant leave year.

The tribunal also found that the requests for an updated spreadsheet, a fit note, and return of the work laptop were reasonable management steps taken in light of the claimant's planned absence. It found there had been no Occupational Health referral, that team emails sent on 11 and 13 March 2024 were factual updates, that the 12 March 2024 email about a further period of absence was not critical of the claimant, and that the laptop collection had been agreed. The tribunal held that the 24 April 2024 meeting was a return-to-work meeting rather than a formal performance management meeting, and that the criticism expressed there was mild.

On the section 15 claim, the tribunal found no evidence that the claimant's March 2024 sickness absence arose from disability, concluding that absence related to a thumb injury. It further found that none of the matters relied on amounted to unfavourable treatment and, if that were wrong, the respondent had shown justification by reference to effective management of absence, annual leave, equipment and the ER team. On constructive unfair dismissal, the tribunal held that the alleged acts were standard management matters carried out with reasonable and proper cause, that the asserted last straw meeting was innocuous, and that there was no repudiatory breach of the implied term of trust and confidence.