Mrs L Quinn v Boots Opticians Professional Services Ltd: 2403537/2020
| Judgment Date | 10 August 2021 |
| Citation | 2403537/2020 |
| Date | 10 August 2021 |
| Published date | 26 August 2021 |
| Court | Employment Tribunal |
| Subject Matter | Disability Discrimination |
Case No: 2403537/2020
EMPLOYMENT TRIBUNALS
Claimant: Mrs L Quinn
Respondent: Boots Opticians Professional Services Limited
Heard at: Manchester (as a CVP hearing) On: 7, 8, 9, 10 June & 16 & 29 July
2021 (latter 2 days in chambers)
Before: Employment Judge Johnson
Members: Ms E Cadbury (by CVP)
Ms M Dowling (by CVP)
Representation
Claimant: in person
Respondent: Mr T Walker (counsel)
JUDGMENT
The judgment of the Tribunal is as follows:
1. The claimant’s complaint of constructive unfair dismissal is well founded.
This means that the claimant was constructively unfairly dismissed.
2. The claimant’s complaint that the respondent failed in its duty to make
reasonable adjustments contrary to sections 20 and 21 Equality Act is well
founded and succeeds. This means that the claimant’s complaint is
successful.
3. The quantification of the claimant’s successful complaints will be
determined at a remedy hearing on a date to be confirmed.
Case No: 2403537/2020
REASONS
Introduction
1. The claimant was employed by the respondent as an optical consultant
at their Macclesfield store from 4 January 2014 until her resignation
with effect from 10 April 2020, (having previously given notice on 13
March 2020).
2. She presented a claim form to the Tribunal on 24 April 2020 following
a period of early conciliation and brought a complaint of constructive
unfair dismissal and disability discrimination. The respondent
presented a response resisting the claim and at a case management
hearing before Employment Judge Allen on 6 November 2020, the
case was listed for a final hearing, issues were identified, and case
management orders were made.
Issues
3. The issues were identified at the preliminary hearing and were included
within the hearing bundle. They were agreed at the preliminary hearing
before Employment Judge Allen on 6 November 2020, subject to a
correction at the final hearing in that the date of the final straw was 10
March 2020 (and not 13 March 2020 as originally described). They
were as follows:
Unfair (constructive) dismissal
1.1 Did the respondent fundamentally breach the claimant’s contract of
employment? The fundamental breaches relied upon are:
1.1.1 A failure to provide a safe working environment; and/or
a,
1.1.2 Breach of duty of trust and confidence.
1.2 The ways in which the claimant alleges that the duty of trust and
confidence were breached were as follows:
1.2.1 The culture of the store, that is the way in which
complaints about the store were addressed and
responded to and an alleged failure to correctly
investigate and address issues;
1.2.2 The lack of confidentiality in dealing with complaints;
1.2.3 The response to such complaints, or lack of
appropriate response; and/or,
1.2.4 The working environment in the store.
1.3 The last straw relied upon which the claimant relies is the events of
10 March 2020, (not 13 March 2020as originally described) and the
response to her complaints about the events.
1.4 Did the matters alleged amount to a fundamental breach of contract?
1.5 Did the claimant resign in response to the breach?
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