Claimant v The Oak Tree Nursery & Pre-School Limited

The tribunal found that the claimant's complaint of constructive unfair dismissal failed. The tribunal determined that the respondent had not breached the implied term of trust and confidence such that the claimant was entitled to resign in response to a fundamental breach of contract.

The tribunal found that the claimant's complaints of discrimination arising from disability under section 15 Equality Act 2010 failed. The tribunal was not satisfied that the respondent treated the claimant unfavourably because of something arising in consequence of her disability.

The tribunal found that the respondent had not failed in its duty to make reasonable adjustments. The tribunal was not satisfied that the respondent had applied a provision, criterion or practice that put the claimant at a substantial disadvantage compared to non-disabled persons, or that reasonable adjustments were not made.

The tribunal found that the claimant's complaint of harassment related to disability failed. The tribunal was not satisfied that the respondent engaged in unwanted conduct related to the claimant's disability which had the purpose or effect of violating her dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

The tribunal found that the claimant's complaint of discriminatory constructive dismissal failed. Having found no fundamental breach of contract and no disability discrimination, the tribunal concluded that the resignation did not amount to a discriminatory dismissal.