The claimant's claim of constructive unfair dismissal failed because the alleged breaches, even where admitted, did not objectively amount to a fundamental breach of the implied term of trust and confidence, and the claimant had not resigned in response to any such breach.
Legal Issues (4)
Constructive unfair dismissal
implied term of trust and confidence (Malik test)
whether the employer acted without reasonable and proper cause in a manner calculated or likely to destroy or seriously damage trust and confidence
whether the claimant affirmed the contract by conduct before resigning.
The unfair dismissal claim was upheld because the dismissal was procedurally unfair, whereas the disability discrimination, reasonable adjustment and harassment claims were dismissed for lack of sufficient evidence.
Legal Issues (4)
Unfair dismissal procedure
disability discrimination under the Equality Act 2010
The tribunal concluded that the application of the absence management policy and the dismissal were a proportionate means of achieving the respondent's legitimate aims, so the claim of discrimination arising from disability failed.
Legal Issues (4)
Proportionality under section 15 Equality Act 2010
balancing the discriminatory impact against the employer's legitimate aims
consideration of reasonable adjustments (even though not pleaded) as part of proportionality analysis