Home / Crime and Justice / UK Worker's Discrimination Claims Rejected After Injury
UK Worker's Discrimination Claims Rejected After Injury
26 Aug
Summary
- A mattress falling on worker led to brain damage claims.
- Worker's disability discrimination and harassment claims were dismissed.
- She resigned and claimed constructive dismissal, but claims were unfounded.
A former Tempur UK employee's claims of disability discrimination, harassment, and constructive dismissal were dismissed by an employment tribunal in Reading. The worker, who began her role in February 2016, alleged that a mattress falling on her on June 25, 2023, caused a traumatic brain injury.
She reported persistent concussion syndrome, chronic depression, PTSD, and cognitive impairment, significantly affecting daily activities. Tempur's occupational health report suggested she be treated as disabled, though the company contested the cause. The worker later made disclosures to the HSE, local council, and her employer regarding unsafe practices.
Disagreements arose over work adjustments and a staff mattress purchase. The worker claimed the investigation into the purchase constituted harassment, stating she felt targeted. By April 2024, she had accepted a role at a children's hospice charity and resigned from Tempur, citing a repudiatory breach of contract and constructive dismissal.
However, Employment Judge Andrew Gumbiti-Zimuto concluded that the worker resigned to take up her new employment. The judge found no repudiatory breach by Tempur and determined that her resignation was not in response to any such breach, dismissing all her claims.
