Claimant v Leisure & Culture Dundee
Outcome
Individual claims
The tribunal found that the reason for dismissal was a genuine breakdown in trust and confidence, which constituted some other substantial reason justifying dismissal. Mr Mullen conducted a thorough and painstaking investigation, complying with all reasonable adjustments requested by the claimant, and properly concluded that the working relationship had irretrievably broken down with no realistic alternative to dismissal.
The tribunal found the claimant was disabled (anxiety and depression) from October 2022. However, the section 15 claim failed because the claimant provided no medical evidence that his aggressive and angry behaviour arose from his disability. The claimant himself maintained his behaviour was impeccable throughout, and much of the conduct relied upon pre-dated any disability. Without evidence linking the behaviour to disability, the claim could not succeed.
Withdrawn by the claimant immediately prior to the hearing.
Withdrawn by the claimant immediately prior to the hearing.
Withdrawn during the hearing on the afternoon of 23 April 2024 after the end of the claimant's case.
Facts
The claimant was Head of Leisure and Support Services for a charity ALEO run by Dundee City Council. In March 2021, a management restructure proposal was presented that would reduce four heads of service to three. The claimant and colleagues submitted collective grievances claiming their posts had been deleted, though the proposal was later withdrawn. From October 2021 the claimant went off sick with work-related stress and refused to cooperate with an independent review. After a protected conversation failed, the respondent commenced a lengthy investigation into whether trust and confidence had broken down. Mr Mullen, an independent HR consultant, conducted extensive interviews and concluded the working relationship was irretrievably damaged. The claimant was dismissed in August 2023 after an appeal.
Decision
The tribunal dismissed all claims. The unfair dismissal claim failed because the tribunal accepted the reason for dismissal was a genuine breakdown in trust and confidence (some other substantial reason), not conduct. The process was thorough and fair, and there was no realistic alternative to dismissal. The disability discrimination claim failed because the claimant provided no medical evidence linking his aggressive behaviour to his disability (anxiety and depression), and he himself claimed his behaviour was impeccable throughout.
Practical note
An employer can fairly dismiss for breakdown of trust and confidence where it conducts a thorough investigation, but a section 15 Equality Act claim will fail without medical evidence causally linking the 'something arising' to the disability.
Legal authorities cited
Statutes
Case details
- Case number
- 4107178/2023
- Decision date
- 22 April 2025
- Hearing type
- full merits
- Hearing days
- 9
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Head of Leisure and Support Services
- Salary band
- £80,000–£100,000
- Service
- 12 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister