Kolut v Parish of St Helier [2024] TRE 198

Background: The claimant was employed by the respondent from May 2016 to August 2024. She resigned in July 2024, alleging that the respondent’s conduct entitled her to resign and claim constructive dismissal. The claimant’s resignation followed several incidents related to her sickness absence and elective surgery.

Key Findings:

1. Sickness Absence: The claimant had multiple periods of sickness absence due to physical and mental health issues, including elective surgery. The respondent questioned the claimant’s absence and raised concerns about her high levels of absence.
2. Elective Surgery: The claimant underwent elective surgery in Poland during her annual leave in October 2023. The respondent was not properly informed about the surgery, leading to difficulties in arranging cover for the claimant’s duties.
3. Discussions with Management: The claimant felt that the respondent’s questioning about her health and absence was intrusive and made her feel stressed and humiliated. However, the tribunal found that the respondent’s actions were reasonable and aimed at managing absence levels.
4. Constructive Dismissal: The tribunal determined that the respondent’s conduct did not amount to a fundamental breach of contract. The claimant’s resignation was not justified as the respondent’s actions were not sufficiently serious to damage the trust and confidence between the parties.

Implications of the Ruling

1. Employment Practices:
   • Managing Absence: Employers must handle sickness absence sensitively and ensure clear communication with employees about their health and absence.
   • Elective Surgery: Employees should inform their employers in advance about elective surgery to allow for proper planning and cover arrangements.
2. Employee Awareness:
   • Communication: Employees should communicate openly with their employers about health issues and planned absences.
   • Understanding Rights: Employees should understand their rights and the legal standards for constructive dismissal.