Claimant v Red Band Chemical Co. Ltd
Outcome
Individual claims
Tribunal found no dismissal under s.95(1)(c) ERA 1996. Respondent had addressed relationship issues through mediation, investigations, and regular meetings. Claimant had agreed to reduce hours and then return to former hours, undermining claim. Claimant thanked manager for support. No last straw identified. Even if there was breach, respondent had reasonable and proper cause.
Tribunal preferred evidence of managers that prescription 'owings' were placed on counter at waist height each Friday evening as adjustment. Claimant had not complained about this at health review meetings or to managers. Absence of complaint strongly supported respondent's position that adjustment was being made.
Tribunal found no conduct was related to claimant's disability. Poor relationships with colleagues pre-dated cancer diagnosis. Social event exclusion, cardboard box incident, holiday refusal, consultation room cleaning request, and HighFive message all unrelated to disability. Some matters handled poorly but not related to protected characteristic. Some claims also out of time.
Facts
Claimant was a pharmacy dispenser who had surgery for cancer in July 2023 and later gynaecological surgery in July 2024. She had poor working relationships with colleague Ms McArthur and manager Mrs Henderson. Issues included exclusion from social event, cardboard box incident, cleaning request after surgery, holiday refusal, and HighFive message thanking staff but excluding claimant. Claimant reduced hours to Saturdays only to avoid working with colleagues, then requested return to 12 hours which was agreed. She resigned on 27 November 2024 citing toxic atmosphere, having secured higher-paid role with Boots.
Decision
Tribunal dismissed all claims. No constructive dismissal found as respondent had addressed relationship issues through mediation, investigations and regular meetings. Reasonable adjustment claim failed as tribunal accepted respondent's evidence that prescriptions were placed at counter height each Friday. Harassment claim failed as no conduct was related to claimant's disability — poor relationships pre-dated diagnosis and matters unrelated to protected characteristic.
Practical note
A difficult working relationship and poor management decisions do not automatically constitute constructive dismissal or disability-related harassment unless causally linked to the protected characteristic and sufficiently serious to breach the implied term of trust and confidence.
Legal authorities cited
Statutes
Case details
- Case number
- 8000173/2025
- Decision date
- 10 July 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Dispenser
- Service
- 5 years
Claimant representation
- Represented
- No