Member A Grant Tribunal Member L Grime Mrs Elaine Simpson v Red Band Chemical Co. Ltd — 2025

Mrs Elaine Simpson worked for Red Band Chemical Co Ltd as a dispenser from November 2019. After bowel surgery for cancer in July 2023 and a period of light duties on return, she had continuing difficulties with colleagues, particularly Ms Fiona McArthur and later Ms Jackie Henderson. The tribunal found the respondent held mediation, grievance, review and flexible-working discussions, and that Mrs Simpson resigned by email on 27 November 2024 and left work on 21 December 2024.

On the constructive dismissal claim, the tribunal held that Mrs Simpson had not been dismissed within s95(1)(c) ERA 1996. It found the respondent had engaged with the relationship difficulties, that the claimant had not shown a repudiatory breach or final straw, and that the reduced-hours arrangement she had requested was later reversed by agreement before she resigned. The tribunal also said that, even if there had been a dismissal, the respondent had reasonable and proper cause and a potentially fair SOSR reason in seeking to manage workplace relationships.

On disability discrimination, the tribunal rejected the reasonable adjustments claim about prescriptions or 'owings' being kept on low shelves, finding it more likely that they were placed on the counter each Friday evening and that no complaint was made when opportunities arose. It rejected the harassment claim under s26 EqA 2010, holding that the incidents relied on were not related to disability; it also treated some of the older matters as out of time and refused to extend time. The tribunal further rejected the claim framed as discrimination arising from disability or discriminatory dismissal, finding that the workplace difficulties pre-dated the cancer diagnosis and were not caused by disability.