Claimant v Howden Joinery Limited
Outcome
Individual claims
Tribunal found no evidence that the claimant's pay reduction in February 2023 or denial of full sick pay/bonus was because of sex. Burden of proof did not shift. Claimant was paid according to agreed reduced hours; male comparator Mr Crosby treated similarly.
Tribunal found the decision to transfer the claimant to a different depot was a business decision to refresh the area, not because of her disabilities. The reason for the move was in no sense whatsoever due to disability.
Tribunal found no breach of the implied term of trust and confidence. The respondent had contractual power to move depot managers, exercised it reasonably, and the claimant was not dismissed. The transfer, grievance delays, and communication were not breaches.
Claimant accepted in cross-examination that no unauthorised deductions occurred. She was paid in accordance with the varied contract and company bonus policy. Discretion not exercised in her favour did not create unauthorised deduction.
Facts
Mrs Robinson was a Depot Manager at Howden Joinery's Morecambe depot from July 2016 until her resignation in March 2024. She suffered from complex medical conditions including fibromyalgia, IBS, liver fibrosis, and gallbladder problems. In February 2023, she agreed to reduce her working hours (no Wednesdays/Saturdays) with a pro rata pay reduction. In November 2023, her line manager Mr Feeley informed her she would be transferred to either Lancaster or a new Carnforth depot. She objected, went off sick, raised a grievance, and ultimately resigned in March 2024 after accepting alternative employment.
Decision
The Tribunal dismissed all claims. The claimant was disabled at the relevant time due to multiple conditions including coeliac disease. However, the pay reduction was agreed by the claimant and applied equally regardless of sex. The depot transfer was a business decision to refresh the area, not motivated by disability. There was no breach of the implied term of trust and confidence, so no constructive dismissal. Bonus and sick pay were applied in accordance with policy.
Practical note
A contractually permitted mobility clause can be exercised even where an employee has health issues, provided the reason for the move is a genuine business reason and not motivated by the disability itself.
Legal authorities cited
Statutes
Case details
- Case number
- 2401519/2024
- Decision date
- 7 October 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Depot Manager
- Service
- 8 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister