Claimant v Camden and Islington NHS Foundation Trust

The tribunal found the Claimant was disabled with Long Covid from 13 October 2021 and depression from 6 May 2022, but the claims of unfavourable treatment under s15 EqA failed as the Claimant could not establish sufficient evidence that treatment was because of something arising from disability.

The tribunal found the Claimant failed to persuade them there was sufficient evidence from which they could conclude discrimination had occurred. The tribunal applied the guidance in Efobi and Talbot and found no evidence of less favourable treatment because of disability.

The tribunal found that delays in the grievance process and alleged sham investigation were not because of any protected acts. Whilst there were some unexplained delays and errors in the investigation, there was nothing to suggest these were because the Claimant had brought claims or raised grievances.

The tribunal found no repudiatory breach of contract. Whilst there was a minor breach of the implied term of trust and confidence due to unexplained delays (15% of the grievance timeline), this was not grave and weighty enough to seriously damage trust and confidence. The Claimant resigned but was not constructively dismissed.

As the tribunal found the Claimant was not constructively dismissed but had resigned, there was no dismissal and therefore no unfair dismissal claim could succeed.