Tanya Jones was instructed to act for the Claimant in respect of their Constructive Dismissal, Whistleblowing Detriment and Discrimination arising from disability claims against the Respondent.
The Claimant did not have the required 2 years’ service to claim ordinary unfair constructive dismissal and claimed he was dismissed for an automatically unfair reason.
Tanya successfully argued the invitation to a stage 3 disciplinary hearing was an act of discrimination arising from disability and a whistleblowing detriment which was enough to breach the implied term of mutual trust and confidence between the parties. The Respondent’s employees during cross-examination admitted that the Claimant had been treated differently albeit in their opinion, not unfavourably to others who had been subjected to the same disciplinary process.
Employment Judge Rayner held in her judgment that the claim for whistleblowing detriment was out of time. She was satisfied that the Claimant had been subjected to discrimination arising from disability and resigned in response to the breach and held the Claimant had constructively dismissed himself and was entitled to damages.