Claimant v Hywel Dda University Local Health Board

Claim out of time (event on 25 January 2023). Tribunal found harassment did occur (comments 'You behave like a Russian or German' and 'dictatorial style' on 25 January 2023 were unwanted conduct related to race creating intimidating environment), but the claim was not presented within three months plus early conciliation extension, and time was not extended on just and equitable grounds due to significant delay and lack of explanation for 24-day delay after first EC certificate expired.

Claimant alleged workload was too heavy and she was required to carry out tasks assigned to bands 3, 5, 6, 7 & 8 from September 2022. Tribunal found no evidence workload was excessive or beyond Band 6 duties. Line management of two new call handlers was within role expectations and removed when concerns raised. No evidence of less favourable treatment compared to Welsh comparator. Claimant failed to establish primary facts from which discrimination could be inferred.

First PCP (practice of refusing home working or breaks): claim out of time as Claimant on sick leave from February 2023 and never returned to WLSS, primary time limit expired by end June 2023, time not extended. Even if in time, Claimant had been allowed home working from November 2022, increased to two days/week from January 2023, and had access to toilet breaks; PCP not established. Second PCP (failing to review stress risk assessments): Claimant suffered no disadvantage as she was encouraged to complete fresh assessments for new work settings and declined; claim failed. Auxiliary aids (ergonomic chair, footrest, laptop raiser, monitor): Claimant not found to be disabled by musculoskeletal condition, claim failed.

Tribunal found Claimant was dismissed due to irretrievable breakdown in relationship with WLSS team, not because of requirement to comply with OH recommendations. OH recommendations (home working, breaks, attendance at appointments) had been implemented and caused no difficulty. Failure to obtain alternative employment during redeployment was not because of OH requirements; Claimant's requirements (home working, private toilet) were not OH-recommended adjustments arising from disability. Claim under s.15 EqA 2010 not established.

Claimant did protected acts: First Respect and Resolution grievance April 2023, Second grievance June 2024, and filing first ET claim. Tribunal found dismissal was not because of protected acts but because Claimant failed to find suitable redeployment after First Respect and Resolution process concluded she could not return to WLSS due to breakdown in working relationships. Decision-makers (Helen George, Janice Cole-Williams, Sharon Daniel, Keith Jones) were independent from WLSS management. No evidence protected acts played any part in dismissal decision.

Respondent demonstrated reason for dismissal was breakdown in working relationship between Claimant and WLSS team, established through independent lengthy internal process. This was a substantial reason capable of justifying dismissal (some other substantial reason). Tribunal found dismissal was within range of reasonable responses: independent investigation by Helen George, decisions by managers independent from WLSS (Janice Cole-Williams, Sharon Daniel, Keith Jones), mediation explored but not viable, alternative employment sought through Redeployment Policy. Procedure was fair and reasonable despite some delay in grievance investigation.

Claimant alleged unlawful deduction from wages (half sick pay June-August 2023). Tribunal found Claimant's continuity of employment started 12 March 2018, entitling her to five months full pay and five months half pay. Respondent did not make unauthorised deductions. Claim also out of time: reasonably practicable to bring claim within three months of last sick pay payment, Claimant failed to do so, and claim not presented within reasonable time even accounting for Respect and Resolution process which exhausted by end May 2024; claim filed 24 June 2024. Time not extended.