Claimant v Whistl Fulfilment (Gateshead) Limited

The tribunal found that Mr Saveraux did not make the alleged comment comparing the claimant to Robin Williams in the manner alleged. What he actually said was a reference to mental health not always being obvious on the surface. The tribunal found no less favourable treatment because of disability. In relation to the Christmas party, the claimant was not invited because she was not a member of the Contact Centre team at the time invitations were sent, not because of her disability.

The tribunal found that most of the alleged PCPs did not exist (insufficient work, lack of training, lack of IT access were all disproven by contemporaneous records). The only PCP established was exclusion from a WhatsApp group. While this did put the claimant at substantial disadvantage given her anxiety and paranoia, the tribunal found the respondent lacked actual or constructive knowledge that the claimant would be disadvantaged by exclusion from the group. The tribunal also noted that reasonable adjustments had been made throughout her employment (working from home, emails-only work, flexible attendance).

The tribunal found that not being invited to the Christmas party was not unwanted conduct related to disability. The claimant was not invited because she was not a member of the Contact Centre team at the relevant time, which was an entirely innocent explanation unrelated to her disability. The conduct was neither intended to, nor did it have the effect of, violating her dignity or creating a hostile environment.

The tribunal rejected all three alleged fundamental breaches: (1) the Robin Williams comment was not made in the terms alleged and was reasonable in context; (2) the respondent did not refuse to let the claimant end her secondment — she agreed twice on 3 October to continue, then went off sick and never returned; (3) not being invited to the Christmas party occurred for innocent reasons. None of these matters, individually or cumulatively, amounted to a repudiatory breach of the implied term of trust and confidence.