In the case of Ms A P v Chief Constable of Merseyside Police a crime scene investigator, Ms. AP was constructively unfairly dismissed after being told by her manager that she was of “no use,” a tribunal has found.
Ms. AP, who has multiple sclerosis, faced limitations in performing night shifts. Despite this, her manager asked her to attend a firearm scene outside her usual working hours.
The Liverpool tribunal heard that Ms AP filed a complaint over this incident, along with two other allegations of disability discrimination, harassment, and victimisation.
The tribunal concluded that the grievance was “not handled properly,” and the management exhibited a “very poor understanding” of their grievance policy and its proper administration at all levels.
Employment Judge Johnson noted the lack of HR support in handling the situation. The tribunal accepted that the three allegations related to the grievance constituted a fundamental breach of trust and confidence. Ms AP was left feeling unsupported within the organization, justifying her resignation without notice.
While another job offer influenced her decision to leave, the tribunal found that her resignation was significantly related to the identified breaches. Johnson emphasized that her resignation email highlighted failures in the grievance process as a key reason for her departure.
Her claim of constructive unfair dismissal was successful and will proceed to a remedy hearing. However, her claims of disability discrimination, harassment, victimisation, and failure to make reasonable adjustments were unsuccessful.
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