The Employment Tribunal has upheld an employee’s disability discrimination claim that a previously served resignation should be subsequently rescinded at their request.
Mrs Bradley worked in a senior position at the Royal Mint and was displeased with her level of remuneration. She served notice of her resignation, which was accepted and then publicly announced.
The employee was a long standing worker at the Mint, having worked in various HR roles since 2009. Mrs Bradley suffered from various medical conditions, including ADHD diagnosed in January 2022, which amounted to a disability. These conditions, along with the associated medications, caused the employee to occasionally act erratically and make impulsive decisions. The Mint was generally aware and receptive to these outbursts and previously refused two resignations made in periods of instability.
On this occasion, due to differences in Mrs Bradley’s behaviour at the time of resignation, the Mint accepted her resignation. Mrs Bradley later asked to rescind the resignation, which the Mint refused due to the disruption caused by reversing the prior public announcement.
The court found that whilst the Mint had been trying to achieve a legitimate aim, it had not acted in a proportionate manner. The Mint decided that the resignation was not a result of Mrs Bradley’s disability, without seeking appropriate medical advice. Essentially, the Mint had ‘closed its mind’ to the possibility that this resignation was equivalent to the other rescinded resignations.
Next steps?
The court found that the Mint was entitled to have ‘taken the claimant at her word’ in the first instance. However, the history and knowledge of the employee which the Mint held should have indicated that further analysis was needed. Employer’s should be wary of impulsive resignations made in the heat of the moment, especially when they are aware of potential disabilities which may have changed the employee’s state of mind.