Claimant v Perrywood Garden Centre and Nurseries Limited

The tribunal found none of the alleged breaches individually or cumulatively destroyed or seriously damaged the relationship of trust and confidence. The claimant's hypersensitivity to criticism, influenced by her disabilities, led her to perceive ordinary management actions as breaches. The respondent had gone to considerable lengths to make adjustments and support the claimant.

The allegation concerned refusal to allow withdrawal of resignation. The comparator (Thanapan Pennick) was in materially different circumstances. The tribunal found no evidential basis for inferring less favourable treatment because of disability. In any event, there was a non-discriminatory explanation: the claimant was clearly unhappy despite extensive support efforts.

Three allegations were made. The disciplinary warning for conduct on 12 July 2022 was discrimination arising from disability, but was justified as a proportionate means of achieving legitimate aims (maintaining discipline and protecting Ms Freeman's health). The allegation that HR said 'it's all in your head' was not proved. The constructive dismissal allegation failed as no dismissal occurred.

The tribunal accepted two PCPs placed the claimant at substantial disadvantage (communication practices and allocating tasks on the day). However, on the specific dates alleged, the tribunal was not persuaded there was a failure to make reasonable adjustments. The respondent had gone to significant lengths to accommodate the claimant, though adjustments were not always possible. The ornamental trees allegation failed as disadvantage arose from dyslexia, not the disabilities relied upon.

Five allegations mirrored the constructive dismissal allegations. While the treatment was unwanted, the tribunal found it did not have the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. The claimant's perception differed markedly from what would be a reasonable reaction, even considering her disabilities.