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Raising written concerns with employee on sick leave was repudiatory breach but not disability-related harassment

March 24, 2016

The EAT has upheld a tribunal's decision that, in writing to an employee while she was on sick leave for work-related stress, to raise concerns with her employment that were not serious or urgent, an employer was in repudiatory breach of the implied term of mutual trust and confidence, and the employee had been constructively dismissed.


However, the EAT set aside the tribunal's decision that the letter amounted to an act of disability-related harassment. The tribunal had not established facts to show that the conduct related to the employee's disability, or that it had the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for her.

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