Cases6001868/2024

Claimant v Circle Health Group Limited

8 May 2025Before Employment Judge DeeleyLeedshybrid

Outcome

Claimant fails

Individual claims

Detrimentfailed

The claimant's complaints of health and safety detriments under section 44 of the Employment Rights Act 1996 were dismissed. The tribunal found that the claimant did not establish that she was subjected to detriment for raising health and safety concerns.

Failure to Make Reasonable Adjustments(disability)failed

The claimant's complaint of failures to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010 was dismissed. The tribunal found that the respondent did not fail to make reasonable adjustments for the claimant's disability.

Constructive Dismissalfailed

The claimant's complaint of unfair constructive dismissal under section 98 of the Employment Rights Act 1996 was dismissed. The tribunal found that the respondent did not breach the implied term of trust and confidence, or that if they did, the claimant did not resign in response to that breach.

Facts

Mrs Marsden brought claims against Circle Health Group Limited alleging health and safety detriments, failure to make reasonable adjustments for disability, and constructive dismissal. She represented herself with assistance from a friend at a three-day hybrid hearing before Employment Judge Deeley. The respondent was represented by an in-house litigation executive.

Decision

The tribunal dismissed all three claims. The tribunal found that the claimant did not establish health and safety detriments, that the respondent did not fail to make reasonable adjustments, and that there was no constructive dismissal as the respondent did not breach the implied term of trust and confidence.

Practical note

A claimant must establish all elements of constructive dismissal including a fundamental breach, resignation in response to the breach, and lack of affirmation of the contract before the tribunal can find in their favour.

Legal authorities cited

Statutes

ERA 1996 s.44EqA 2010 ss.20-21ERA 1996 s.98

Case details

Case number
6001868/2024
Decision date
8 May 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
in house

Claimant representation

Represented
No