ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000199/2024 Hearing Held at Edinburgh on and July and September 2024 Employment Judge: M A Macleod Tribunal Member: L Brown Tribunal Member: A Matheson Katarzyna Lech v GT Diagnostics (UK) Ltd — 2024

The claimant, Katarzyna Lech, was employed from 18 January 2021 as a QMS Specialist and worked with external consultants, CompliancePath, to develop the respondent's quality management system. The tribunal found that the respondent's relationship with CompliancePath was a client-contractor arrangement, and that there was no evidence that CompliancePath or Lindsey Howard were agents of the respondent in relation to the claimant's employment.

On the constructive dismissal case, the tribunal rejected the allegation that the respondent's handling of the claimant's concerns about CompliancePath amounted to a repudiatory breach of the implied term of trust and confidence. It found that the respondent had repeatedly raised concerns with CompliancePath, arranged meetings, changed personnel where needed, and did not ignore the claimant's complaints. The tribunal also found that the April/May 2021 Google Translate allegation was not proved as a complaint to the respondent, that the 2022 private-life comments and the alleged HR remark were not breaches of contract, and that asking the claimant to participate in the 29 August 2023 meeting was reasonable.

The tribunal preferred Professor Schelter's evidence about the 29 August 2023 meeting and found that it was constructive and positive rather than a meeting in which the claimant was bullied, verbally attacked or laughed at. It held that Professor Schelter's amendments to the Management Review wording, and his guidance about the language to use in the meeting, were legitimate managerial actions. Even if any earlier matter had amounted to a breach, the tribunal held that the claimant delayed too long before resigning and resigned with notice, so any breach would have been affirmed. The constructive unfair dismissal claim was dismissed.

The claimant's race discrimination claims also failed. The tribunal accepted that the claimant was Polish, but found no less favourable treatment because of race and no race-related harassment. It held that the April/May 2021 allegation was either not raised in a way that the respondent was obliged to deal with, or was brought too late for the Tribunal to hear, and that the August 2023 complaint about the meeting was not supported by the evidence. The harassment claim failed because the tribunal found that the meeting was conciliatory, that Mr Devine's laughter was a reaction to criticism rather than race-related conduct, and that there was no unwanted conduct creating a hostile or degrading environment. No remedy was awarded.