A MAN from Gwynedd has lost a claim of unfair constructive dismissal against the county’s council following his resignation 10 months after he suffered a serious mountain biking injury.

Ian Morgan, of Talsarnau, took Gwynedd Council to an employment tribunal, having worked for the local authority as a mental health support worker from 2002 to 2022.

The tribunal was told that Mr Morgan suffered an injury when he came off his bike while cycling with a client in the course of his employment on January 28, 2022.

Mr Morgan, who was based at Ysbyty Alltwen, sustained a serious injury to his left hand as a result.

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Mererid Roberts, Mr Morgan’s line manager at the time, then submitted a form documenting his injuries on January 31, but Mr Morgan was critical of the way she completed this.

Ms Roberts stated that he had fallen off his bike and landed on his hand, and had “broken bones in his hand”.

It was suggested by Mr Morgan that the content of the initial document downplayed the extent of his injuries, and that Ms Roberts had not attached an X-ray of his hand to the form.

On February 6, Mr Morgan wrote to Ms Roberts informing her that he had undergone surgery.

Following this, it was established that a RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) report would need to be submitted to the Health and Safety Executive.

This form was completed on April 13, but again, Mr Morgan felt that the description given of his injuries downplayed the severity of them.

It was also suggested by Mr Morgan that he was being instructed to attend a “return to work meeting” while still unfit to do so.

Giving evidence at the tribunal, Mr Morgan maintained that it was his decision when he was fit enough to go back to work.

On June 25, he wrote to the council’s HR department complaining about Ms Roberts “bullying” him to attend a “return to work” interview .

He wrote: “I have no idea why this (is) allowed to happen. It has clearly put me in a vulnerable position.

“I have had to deal with this injury (and) also the psychological impact. I’ve also explained to the line manager how this (has) impacted on my family”.

Mr Morgan resigned on November 28, 2022, basing his decision on the allegations of bullying by Ms Roberts and the perceived failure to complete risk assessments.

Employment Judge Robin Havard, chairing the tribunal, felt the council’s actions did not amount to unfair constructive dismissal, though.

He said: “The claimant sustained a very serious injury, and also clearly lost trust and confidence in his employer. 

“However, the claimant must appreciate that that, of itself, is not sufficient.

“He must establish that this is as a consequence of conduct on the part of the respondent, which amounts to a repudiatory breach of contract.

“The claimant had been, presumably happily and without complaint, cycling with the client for some 10 years before this incident occurred.”

“I can see no basis on which the claimant can allege that, due to the fact that he was pursuing a personal injury claim, Ms Roberts was not entitled to contact him.

“She clearly had a role in managing the claimant’s absence, whatever was taking place in his personal injury claim.”

Following the conclusion of the tribunal, a Gwynedd Council spokesperson said: “We welcome the fact that the judge has accepted the Council’s arguments in this case.

“As an employer, we attempt, whenever possible, to address any concerns that employees may have prior to reaching an employment tribunal, but accept that, on some occasions, that may not be possible.

“We do, however, review events to understand whether there was any means of avoiding such a situation.”