An employment tribunal has ruled that a former Amazon UK worker was not unfairly dismissed following a dispute around absence management policies.
Annette Hall began working as a fulfilment centre associate at Amazon in June 2019. The employer introduced a health review process change pilot in some of its locations in June 2023, where there was no longer a formal requirement for an informal health review before moving to a formal one when returning from sick leave. No documentation was provided to employees about this.
Hall sustained a workplace wrist injury on 18 July 2023 and was absent from work until 5 September. A welcome back conversation was had, which included asking if she needed an occupational health referral and which workstation she felt comfortable on. Notes about this conversation were not very detailed, according to the tribunal.
Hall was told later that month that a laptop would be set up for her and a formal health review meeting would be scheduled once she had reviewed the health policy materials. She did not feel one was necessary because her absence was due to a work accident, and that an informal one was required, not realising the change in policy regarding this.
On 10 October, a meeting was held between Hall and Ruth Harrison, a HR advisor and friend of hers. Harrison claimed she told Hall that an informal meeting was not required, however, Hall denied this.
The next day, a formal meeting was held, but Hall claimed she was attending under duress and had not had a satisfactory explanation about why an informal one was not happening. After a short adjournment, Hall was told that no further action was being taken because it was a work-related injury, she was contactable at all times during her absence, and there were no concerns about her sickness level going forward.
Hall believed that her employer wrongly, and in breach of its own policies, altered the notes of the meeting. She subsequently raised several grievances against the individuals involved, which were not upheld at Tribunal or subsequent appeals, which concluded on 7 May 2024.
On 9 May, Hall began a further period of absence due to a fractured leg. She then resigned with immediate effect on 15 July 2024.
Employment Judge Serr said: “It was not unreasonable to await the final outcome of the internal grievance process. But that concluded on 7 May 2024. Delaying further merely to obtain sick pay was not reasonable and would in the tribunal’s view be objectively viewed as an affirmation of the contract. The claimant was not unfairly dismissed.”
Amazon UK Services was contacted for comment prior to publication.
