Claimant v Clifton Diocese

Claim under section 47E ERA 1996 (unlawful detriment for making flexible working request) was withdrawn by the claimant on the morning of the third day of the hearing.

Claim under section 104C ERA 1996 (automatically unfair dismissal for making flexible working request) was withdrawn by the claimant on the morning of the third day of the hearing.

Claim that respondent unreasonably refused flexible working request under s.80G ERA 1996 failed because the claimant's request did not comply with statutory requirements (did not explain effect on respondent or how it might be overcome).

The tribunal found the dismissal was unfair because the disciplinary allegations were contrived by Mrs Murray and Mr Cook following the claimant's flexible working request; the process was rushed; the claimant's mental health was not taken into account; and dismissal was outside the range of reasonable responses. The respondent failed to follow a fair procedure.

The tribunal found no evidence of deliberate or wilful breach or gross negligence. The errors relied upon were performance issues not gross misconduct. The respondent did not prove on the balance of probabilities that the claimant committed gross misconduct meriting summary dismissal.

The tribunal found that adding disciplinary allegations after investigation commenced, rushing the disciplinary process, failing to take health issues into account, and mocking the claimant were acts of direct discrimination on grounds of religion/belief (non-Catholic). The respondent failed to provide non-discriminatory explanations. Other allegations of direct discrimination failed.

Mrs Lawrence's mocking comment about the claimant not having a panic attack constituted unwanted conduct related to religion/belief that violated the claimant's dignity and created a hostile environment. The remark was reasonable in creating such effect given the circumstances.

The claimant failed to prove on the balance of probabilities that the respondent operated the alleged PCPs (requirement to work 5 days from office and/or constantly monitor team). The PCPs were never actually applied and relied on inferences from a single conversation.