ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000073/2022 Held at Inverness on 4, and September 2023 Employment Judge: N M Hosie Members: R Dearle J McCaig Mrs A McDonald v Parkdean Resorts UK Limited — 2023

The tribunal first determined the preliminary issue of disability status. It held unanimously that the claimant was not a disabled person at the relevant time for the purposes of s.6 of the Equality Act 2010. On that basis, the tribunal held it had no jurisdiction to consider the disability discrimination complaint and dismissed that claim.

On the constructive dismissal complaint, the tribunal found that the respondent had been supportive during the claimant's husband's illness and after his death, including granting compassionate leave, extended bereavement leave, a phased return to work and full pay throughout those periods. It accepted the respondent's evidence that some of the claimant's duties, including purchase order work, were redistributed because of her absence and phased return, and found that this was understandable in the circumstances and did not amount to a breach of contract.

The tribunal concluded that the claimant had not established any breach of contract, still less a fundamental breach. It further found that she did not resign in response to the alleged reallocation of duties, but because she wanted to move nearer her daughter and reacted adversely to not obtaining another role with the respondent. In any event, the tribunal found that by waiting until 26 April 2022 to resign, despite knowing of the work reallocation from January 2022, she had affirmed any alleged breach.