Member W Canning Tribunal Member R Martin GM (Anonymity Order granted) v Fife Council — 2024

The respondent conceded that the claimant was disabled under s.6 Equality Act 2010 by reason of mental fragility. The claimant had been absent from March 2022, applied for ill-health retirement after occupational health advice indicated he remained unfit, and later sought to return after that application and review were refused. The Tribunal accepted that further occupational health assessment was sought because of the change in position and the claimant's care role, and found no unfavourable treatment in the occupational health referrals, handling of the GP position, contact with managers, or grievance steps.

For reasonable adjustments, the Tribunal accepted a PCP requiring 12-hour shifts at Keir Hardie and found that it put the claimant at a substantial disadvantage, but found the respondent did not know and could not reasonably have known that the shift pattern was likely to cause that disadvantage. It did not accept that there was a PCP requiring work at Blairoak. In any event, it found that offering Blairoak, where 7/8-hour shifts could be worked, was a reasonable adjustment; altering Keir Hardie's rota would have caused practical, staffing and cost difficulties.

The section 15 claim was dismissed because the Tribunal found no unfavourable treatment in the alleged matters. It considered the respondent had taken active steps on the October 2022 grievance before the claimant withdrew it, and that the January 2023 grievance was followed shortly by without-prejudice discussions and resignation.

The constructive dismissal claim was dismissed because the Tribunal found no repudiatory breach of contract or breach of the implied term of trust and confidence. It found the claimant's reasons for resignation included communication issues, occupational health referrals, safety concerns, the refusal to provide shorter shifts at Keir Hardie, the move to Blairoak, and alleged policy breaches, but none individually or cumulatively amounted to a breach.