Claimant v Barking, Havering and Redbridge University Hospitals NHS Trust

The tribunal found no evidence that Alan Wishart told the claimant he would not invest in training because of her age or impending retirement. The tribunal rejected the claimant's account and found the successful candidate for the PA role was older than the claimant, undermining any age discrimination claim.

The tribunal found that the claimant's failures to be appointed to roles or be promoted were based on legitimate performance and capability concerns, not disability. The tribunal rejected allegations that decisions were influenced by the claimant's disability.

The tribunal found that the respondent had not treated the claimant unfavourably because of anything arising from her disability. The tribunal found performance concerns were genuine and not related to disability-related absences or conduct.

The tribunal found that the respondent had made reasonable adjustments where appropriate and that the claimant had not demonstrated any substantial disadvantage arising from a PCP that was not addressed.

The tribunal found that conduct complained of was not related to the claimant's age and did not have the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment.

The tribunal found that the conduct complained of was not related to the claimant's disability and where conduct was unwanted, it was not because of disability and did not satisfy the statutory test for harassment.

The tribunal found that the respondent's conduct, even taking all matters cumulatively, did not amount to a fundamental breach of the implied term of trust and confidence. The tribunal found the grievance outcome was reasonable and there was no repudiatory breach entitling the claimant to resign.

Because the tribunal found the claimant was not constructively dismissed, the claim of unfair dismissal could not succeed.

The claimant's claim for notice pay failed because the tribunal found she was not dismissed and had resigned voluntarily without there being a fundamental breach of contract.