Claimant v Deichmann-Shoes UK Limited

The respondent did not permit the claimant to speak on behalf of the worker (Ms Gill) at the disciplinary hearing on 17 September 2024, in breach of Section 10(2B) of the Employment Relations Act 1999. Both Ms Webb and Ms Clark admitted this occurred due to a misunderstanding and miscommunication, but it was a clear breach.

The claimant alleged detriment (conversations with Mr McKillop and reduction in hours) following her role as companion at Ms Gill's disciplinary hearing. The tribunal found the conversations did not amount to a detriment as the claimant described no disadvantage. The reduction in hours was due to other factors (end of busy period, store closure, return of staff) rather than her attendance at the hearing.

The claimant alleged sexual harassment under s26 of the Equality Act 2010 based on comments by Mr McKillop (masturbation innuendo in July, penis reference on 8 October). The tribunal found the comments were unwanted and of a sexual nature, but did not have the purpose or effect of violating the claimant's dignity or creating a hostile environment, as the claimant gave very limited evidence of her perception and did not demonstrate she believed it created such an environment.

The tribunal found the breaches the claimant relied upon in resigning did not amount to fundamental breaches of contract, and were not on the grounds that the claimant accompanied Ms Gill to her disciplinary hearing. The procedural failure in the disciplinary hearing did not seriously damage trust and confidence between the claimant and respondent, and was not done because of her role as companion.

The tribunal found that none of the matters the claimant relied upon (inability to follow procedures, lack of confidentiality, failure to address investigation, failure to remove Mr McKillop) amounted to fundamental breaches of the implied term of trust and confidence. Where breaches occurred, they were not sufficiently serious, not calculated to destroy trust and confidence, or not related to the claimant's own employment relationship.