Claimant v City Facilities Management (UK) Ltd
Outcome
Individual claims
The tribunal found that the claimant was constructively dismissed. The employer's conduct constituted a fundamental breach of the implied term of trust and confidence, entitling the claimant to resign and treat himself as dismissed. The tribunal awarded both basic and compensatory awards for unfair dismissal.
The tribunal found that the respondent discriminated against the claimant on grounds of disability. The claimant succeeded in establishing less favourable treatment because of his disability. The tribunal awarded injury to feelings in the lower Vento band of £6,000 plus interest.
Facts
The claimant was employed by a facilities management company and resigned, claiming constructive dismissal. The claimant also alleged that he had been discriminated against because of his disability. The case was heard over three days by video hearing, with the claimant appearing in person assisted by his daughter, while the respondent was represented by a lay representative.
Decision
The tribunal found in favour of the claimant on both claims. The tribunal concluded that the claimant had been constructively dismissed and that the dismissal was unfair. The tribunal also found that the respondent had directly discriminated against the claimant because of his disability. Total compensation awarded was £14,321.90.
Practical note
Employers must avoid conduct that breaches the implied term of trust and confidence and must not discriminate against disabled employees, as both can result in significant financial awards even where earnings are relatively modest.
Award breakdown
Vento band: lower
Award equivalent: 99.6 weeks' gross pay
Case details
- Case number
- 1404143/2022
- Decision date
- 17 April 2024
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Salary band
- Under £15,000
Claimant representation
- Represented
- No