N Quinn & A Matheson Ms S Shaw v Greater Glasgow Health Board — 2024

The claimant, a Band 2 Health Care Support Worker, had been on long-term absence with Long Covid. The respondent accepted she was disabled at the material time and knew of the disability. Occupational health advised in July 2023 that she was not fit to return to her substantive post and that redeployment should be considered, with shorter shifts and a location closer to home.

The claimant relied principally on the delay in issuing a redeployment form after the 25 July 2023 absence meeting, and later argued this was a final straw together with earlier matters. The tribunal accepted that Mr Clark had not deliberately withheld the form. It found his absence through illness, phased return, annual leave, email backlog, and need to prioritise patient care explained the delay, and that he had otherwise sought to support the claimant.

The tribunal found no individual or cumulative breach of the implied term of trust and confidence. It held that the claimant resigned and was not dismissed, so the constructive dismissal complaint was dismissed. The reasonable adjustments complaint was withdrawn after the claimant accepted that completing the redeployment form would not have facilitated a return to work because there were no suitable vacancies at the time or for a six-month period afterward.