Claimant v Cygnet Learning Disability Limited

Tribunal found repudiatory breach of contract due to: (1) failure to conduct pay reviews over 10 years; (2) offering only one inadequate 6% pay rise after grievance; and (3) failure to provide risk assessment when repeatedly requested after 29 April 2021. Claimant resigned in response to these breaches without waiving them.

Claimant failed to establish circumstances of serious and imminent danger under s100(1)(d) ERA 1996. Claimant did not view kitchen in 2021, and respondent produced comprehensive risk assessment dated 14 May 2021. Tribunal not satisfied that it would have been reasonable for claimant to believe danger was serious and imminent.

Tribunal found no less favourable treatment because of age. Other employees of different ages (including colleague Gary Wray, aged 54) were treated similarly regarding pay reviews. Reason for lack of pay review was poor management, not age. Letters and furlough decisions would have applied equally to hypothetical comparator under 50.

Most conduct not related to age. The November 2020 furlough requirement for GP letter could be 'related to age' but was not done with purpose or effect of creating intimidating/hostile environment. If claimant perceived such environment, it was not reasonable for him to do so.

Claimant did three protected acts: meeting on 16 September 2020 alleging age discrimination, grievance on 15 October 2020, and email on 18 March 2021. Tribunal found none of the alleged detriments (removal from furlough, GP letter requirement, failure to provide risk assessment) occurred because of the protected acts. Decision makers were not motivated by protected acts.

Because claimant was constructively dismissed due to respondent's fundamental breach of contract, claimant is entitled to notice pay he would have received had respondent terminated employment in accordance with contract.

Claimant contractually entitled to annual pay reviews under contract clause stating 'Pay rates are reviewed annually'. Reviews were not carried out for over 10 years, constituting breach. However, claimant not entitled to specific pay increments as contract stated reviews would not necessarily result in increases. Damages to be assessed at remedy hearing subject to £25,000 statutory cap.