Claimant v Royal Mail Group Limited

The tribunal found that none of the ten discrete acts relied upon by the claimant constituted a fundamental breach of the implied term of trust and confidence. The tribunal systematically reviewed each allegation, finding either that the conduct did not occur as alleged, was not unreasonable, or was justified by the circumstances. No repudiatory breach by the employer was established.

The tribunal found that the conduct complained of was not harassment related to disability. In particular, swearing by the shift manager was intemperate but not related to disability. The claimant's assertion that he was pressured or subjected to harassment was not supported by the evidence. The tribunal found no unwanted conduct that was related to the claimant's disability or which had the requisite purpose or effect.

The tribunal found that the claimant's inability to load lorries in 30 minutes was not something arising from his disability, as it was a duty he had chosen and successfully executed. His absences were not something arising from disability because he had refused occupational health referrals. The resignation was not prompted by anything arising from disability and was not unfavourable treatment by the respondent.

The tribunal found there was no unauthorised deduction from wages. The claimant was paid all monies due. He was not entitled to contractual sick pay due to his own conduct under the respondent's policy, but he did receive statutory sick pay as entitled.