Claimant v Amazon UK Services Limited

Outcome

Facts

The Claimant, a fulfilment centre associate at Amazon, sustained a workplace wrist injury in July 2023 and was absent until September 2023. Upon her return, she was invited to a formal health review meeting under a new pilot process that eliminated the previous requirement for an informal health review meeting first. The Claimant was confused by contradictory communications and believed she should have had an informal meeting first. She attended the formal meeting under protest but received an outcome of 'no further action'. She then raised grievances about the process, the meeting notes, and several managers, all of which were ultimately not upheld (though one appeal found the Respondent should have better explained the new pilot policy). The Claimant resigned in July 2024, claiming constructive dismissal.

Decision

The tribunal dismissed the claim, finding that the Respondent did not commit a fundamental breach of contract. While the Respondent should have better communicated the new pilot health review process and avoided administrative errors (such as sending a letter referring to an informal meeting that was no longer required), these failings did not destroy or seriously damage trust and confidence. The Claimant received no sanction, the meeting notes were broadly accurate, and the grievance process was comprehensive and fair. The tribunal also found that, even if there had been a breach, the Claimant's delay in resigning after the final grievance outcome would have constituted affirmation of the contract.

Practical note

Legal authorities cited