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In this case, Mrs Jacqueline Anne Beart claims that she was unfairly dismissed by her employers, HM Prison Service: she puts it in two ways, that either she was the victim of a direct unfair dismissal, or that she was constructively and unfairly dismissed. In addition, Mrs Beart claims that the Respondent unlawfully discriminated against her on the grounds of her disability. The Respondents admit that they dismissed Mrs Beart, but say that they did so fairly, for a reason related to her conduct. And while the Respondents admit that Mrs Beart has a disability within the meaning of the Disability Discrimination Act 1995, namely, depression, they deny they discriminated against her. So those are the issues which we have to determine, but those apparently straightforward issues have necessitated the making of many findings of fact.
Mr James Laddie of Counsel appeared for the Applicant, and Mr Ashley Underwood of Counsel appeared for the Respondent. The Tribunal is greatly indebted to both Counsel for their help in this complex case.
We heard evidence from the following witnesses:-
For the Applicant
Mrs Beart herself.
Mr Nicholas Dundon, a Prison Officer at Swaleside Prison, and Mrs Beart's life partner.
Miss Michelle Popple, an Administrative Officer at HM Prison Swaleside.
Miss Samantha Taylor, an Administrative Officer at HM Prison Swaleside.
Mrs Elouise Castagnini, formerly a Temporary Higher Executive Officer at HM Prison Swaleside (though now employed in a senior position for a large chain of retail stores).
We also read the statement Of Ms Victoria Lawson, although she was not called to give oral evidence, due to the severe illness of her mother.
For the Respondent
Mrs Wendy Tetley, formerly Head of Management Services at HM Prison Swaleside, although now Area Efficiency Manager at the Kent, Surrey and Sussex Area Office of HM Prison Service.
Mrs Sian Elizabeth West, the Governor of HM Prison Cookham Wood, who chaired the disciplinary hearing involving Mrs Beart in December 1998. Mrs West was then Deputy Governor of HM Prison Maidstone.
Although we know that there were statements from Colin Neeves, formerly Head of Human Resources at HM Prison Swaleside, and from Mrs Margaret Davies, formerly Governor IV at HM Prison Swaleside, who was the investigating officer concerning the matters which led to the disciplinary hearing involving Mrs Beart, we were not asked to read Mr Neeve's statement, but we did read that of Mrs Davies, which was referred to in evidence.
We did not hear from two witnesses from whom we might have expected to hear. We did not hear from John Podmore, who, at the material time was Governor of HM Prison Swaleside. The Respondents' solicitors had passed to the Tribunal a medical certificate certifying that Mr Podmore was unfit to attend the hearing. Nor did we hear the live evidence of Mrs Davies, who was also said to be ill, suffering form chronic fatigue syndrome. But the Respondents were prepared to proceed without those witnesses, and, while we can see that they might have given illuminating evidence, we are satisfied that, in the long run, we have received a clear picture of what happened.
The Tribunal then went on to list the documents that they had before them. They also stated that they had used the first day as a reading day.
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