Claimant v British Telecommunications plc
Outcome
Individual claims
The tribunal dismissed the claimant's claim for constructive unfair dismissal after hearing evidence over four days, finding that the claimant had not established a fundamental breach of contract by the respondent entitling him to resign and treat himself as constructively dismissed.
The tribunal found that the claimant was not a disabled person within the meaning of section 6 of the Equality Act 2010 at the time of the alleged discriminatory acts, and therefore there was no contravention of section 19 of the Act.
The tribunal found no contravention of section 19 of the Equality Act 2010 in relation to the sex discrimination claim, concluding that the claimant failed to establish indirect sex discrimination.
The tribunal found no contravention of section 19 of the Equality Act 2010 in relation to marriage or civil partnership status, concluding the claimant failed to establish indirect discrimination on this ground.
Facts
Mr Drozdowski brought claims against his former employer British Telecommunications plc for constructive unfair dismissal and multiple indirect discrimination claims (disability, sex, and marriage/civil partnership, including by association). The case was heard over four days by video link at London South Employment Tribunal.
Decision
The tribunal dismissed all of the claimant's claims. The tribunal found that he had not established constructive dismissal, that he was not a disabled person under the Equality Act 2010 at the relevant time, and that there were no contraventions of sections 19 or 19A of the Equality Act in relation to any of his indirect discrimination claims.
Practical note
A claimant must establish disabled status under section 6 of the Equality Act 2010 at the time of alleged discrimination, and failure to do so will result in dismissal of disability discrimination claims regardless of their merits.
Legal authorities cited
Statutes
Case details
- Case number
- 2300027/2022
- Decision date
- 20 February 2024
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- telecoms
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No