Ralfs v The Arbib Education Trust

Mr Ralfs was the Finance and IT Director of The Arbib Education Trust. In February 2022, he disclosed a cancer diagnosis. Over the following year, disputes arose over:

• The terms of his sick pay.
• His 2022 pay review.
• The handling of his pay appeal and subsequent grievance.

He resigned in February 2023, alleging discrimination and constructive dismissal. The employment tribunal (ET) found constructive dismissal and upheld several claims of disability discrimination, harassment and victimisation. Other claims (direct discrimination, whistleblowing, automatic unfair dismissal) were dismissed.

Discrimination arising from disability

In March 2022, Mr Ralfs was told that his future sick pay entitlement would be reduced if he were to fall ill again in the second year of his employment, depending on when that illness started. Further, in November 2022, Mr Ralfs was sent a pay review letter informing him that the pay committee had scrutinised his position and that, as he was new in role, he would not be receiving an increase. The ET found that the treatment in both incidents amounted to discrimination arising from disability.

Harassment related to disability

In December 2022, Mr Ralfs’ line manager made a statement that Mr Ralfs had not acknowledged the impact his sickness had had on others, on himself as line manager and on the business. Further, his line manager made a statement which undermined work completed by Mr Ralfs during the period when he was sick and undergoing treatment. The ET held that both statements amounted to harassment related to disability.

Victimisation

The ET further held the following actions amounted to victimisation:

• Mr Ralfs’ pay appeal not being sent to the pay committee, contrary to policy. This denied Mr Ralfs the opportunity to be heard at an appeal hearing and had the consequence that his allegations of discrimination were not considered by the panel.
• Misleading explanations about his appeal outcome.
• Failure to provide Mr Ralfs with relevant documents before his grievance hearing.
• Grievance outcome failing to uphold Mr Ralfs’ allegation of discrimination in relation to his pay review.

Constructive dismissal

Subsequently, the ET held there was a breach of implied trust and confidence entitling Mr Ralfs to resign. His claim of constructive dismissal therefore also succeeded.

Advice for schools

Pay reviews should be dealt with in accordance with the relevant pay policy. It is important to avoid language that suggests different treatment linked to disability. Instead, justifications should be objective, documented and non-discriminatory. The above case also highlights how off-hand remarks about the impact of illness can amount to harassment.

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