Claimant v Circle Health Group Limited
Outcome
Individual claims
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.
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.
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
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