Claimant v Royal Mail Group
Outcome
Individual claims
The tribunal found no evidence that the Claimant was treated less favourably because of his depression. The failure to appoint him to roles was due to proper application of agreed selection processes. There was no link between his disability and the treatment he received; the respondent had reasonable and proper cause for its actions.
The tribunal found a series of cumulative breaches from 30 November to 13 December 2021 destroyed trust and confidence: failure to acknowledge and properly handle the grievance, miscommunication about meetings, failure to reschedule when aware the Claimant had a medical appointment. This was an effective cause of resignation. The Claimant did not affirm the contract by remaining off sick and pursuing the grievance.
Facts
Claimant, an experienced postman employed since 2013, undertook significant additional duties including training without extra pay. He applied for two internal roles (PHG and Workplace Coach) but was unsuccessful. He raised a grievance on 25 November 2021 while off sick with stress. The respondent failed to acknowledge the grievance promptly, sent confusing communications about grievance meetings, and maintained a scheduled meeting on 13 December despite knowing the Claimant had a medical appointment. The Claimant resigned on 3 February 2022, having secured alternative employment.
Decision
The tribunal dismissed the disability discrimination claim, finding no link between the Claimant's depression and the treatment he received in recruitment processes. However, the constructive dismissal claim succeeded. The tribunal found the respondent's cumulative failures in handling the grievance between 30 November and 13 December 2021 breached the implied term of trust and confidence. This was an effective cause of resignation; the Claimant had not affirmed the contract by remaining off sick and pursuing the grievance.
Practical note
Employers must handle grievances promptly and clearly, especially when an employee is off sick with stress; systemic HR failures in acknowledging and processing a grievance can constitute a repudiatory breach even if no individual act was deliberately malicious.
Legal authorities cited
Statutes
Case details
- Case number
- 1400519/2022
- Decision date
- 25 May 2024
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Name
- Royal Mail Group
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Operational Postal Grade (OPG)
- Service
- 8 years
Claimant representation
- Represented
- No