Ms S Moorcroft v SHC Clemsfold Group Ltd: 2304931/2019
| Jurisdiction | England & Wales |
| Judgment Date | 16 June 2021 |
| Citation | 2304931/2019 |
| Date | 16 June 2021 |
| Court | Employment Tribunal |
| Published date | 07 July 2021 |
| Subject Matter | Disability Discrimination |
Case No: 2304931/2019
1
EMPLOYMENT TRIBUNALS
Claimant: Ms Sheila Moorcroft
Respondent: SHC Clemsfold Group Limited
Heard at: London South (by Cloud Video Platform)
On: 27, 28, 29 and 30 April 2021; 20, 21 May in Chambers.
Before: Employment Judge Street
Dr S Chacko
Ms J Saunders
Representation
Claimant: Mr Henman, friend and lay representative
Respondent: Mr Williams, solicitor
JUDGMENT
The claimant succeeds in her claim in respect of unfair
constructive dismissal, wrongful dismissal, discrimination
arising from disability, failure to make reasonable
adjustments and harassment related to disability.
The claims of direct discrimination because of disability,
indirect discrimination and victimisation are dismissed.
The Remedy hearing is listed for 12 July 2021 at 10.00 by
Cloud Video Platform.
Case No: 2304931/2019
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REASONS
1. Evidence
1.1. The Tribunal heard from the claimant and from Ms L Fehilly, Director of Human
Resources (“HR”). The Tribunal was provided with a bundle of 775 pages with
additional documents produced on the second day of the hearing, and read
the pages referred to by the parties.
2. Issues
2.1. The claimant claims unfair constructive dismissal, wrongful dismissal and
disability discrimination.
2.2. The issues before the Tribunal to decide are as follows. This is the list provided
by Mr Henman, albeit not agreed, as adjusted by consent (as explained below)
and put in broadly date order.
Jurisdictional Issues
1. Are any or all of the Claimant’s claims for disability discrimination out of
time?
2. If so, do the allegations made by the Claimant amount to an act
extending over a period of time so as to bring the Claimant’s claims in
time?
3. If any of the Claimant’s claims for disability discrimination are out of
time, would it be just and equitable to extend the time limit for submitting
such claims?
Constructive Unfair Dismissal- s.95 Employment Rights Act 1996
4. Can the Claimant establish that her resignation should be construed as
a dismissal in circumstances in which she is entitled to terminate her
employment without notice by reason of the employer’s conduct:
Case No: 2304931/2019
3
a. Did the Respondent commit a breach of contract or of the implied
term of trust and confidence through one or more of the following
alleged matters, taken individually or cumulatively:
i. Suspending the Claimant for more than two weeks counter
to the guidance in the Respondents disciplinary policy;
ii. Failing to conduct a full and proper investigation in a
disciplinary process resulting in omitting information that
should have been provided to the Claimant;
iii. Failing to take the Claimant’s grievance letter of 16/05/19
seriously;
iv. Failing to follow the Respondent’s grievance policy to
investigate the Claimant’s grievance;
v. Dismissively discussing the removal of the Claimant’s pin
number and changing the Claimant’s role and duties while
registered as nurse;
vi. Unilaterally changing the Claimant’s contractual job
function and salary without the Claimant’s consent whilst
knowing that the Claimant will still have to fulfil her legal
duties of care as a registered nurse;
vii. The Respondent’s HR Department continuously breaching
the Sickness and Absence policy when corresponding with
the Claimant by misdescribing the purpose of the meetings
and not offering to have any representation to attend or
alternatively not correctly describing what representative
could attend;
viii. Threatening the Claimant in a meeting that procedures
would be started to dismiss her if she did not return to work
by 8/07/19;
ix. Unilaterally relocating the Claimant without agreement or
consent to a more distant and unfamiliar care home despite
the concerns raised by the Clamant about how this would
cause her further stress and such a move was contrary to
the medical advice made by the Claimant’s doctor and
Occupational health.
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