Claimant v Hayles v The Home Office — 2022

The tribunal found that the claimant was a disabled person within the meaning of section 6 of the Equality Act 2010 and that the respondent knew this. It rejected the disability-related unfavourable treatment complaints concerning the letters, meeting and warning on 11 February 2019, 22 July 2019 and 10 October 2019, holding that each instance was a proportionate means of achieving a legitimate aim.

The tribunal also rejected both reasonable-adjustment complaints. It held that the claimant had not shown a substantial disadvantage in relation to the Attendance Management Procedure or the requirement to attend work. It noted that, from 1 March 2019, the respondent provided a buddy and the managerial support recommended in occupational health reports.

The race discrimination complaints, based on a January 2018 meeting about operational issues and a 10 October 2019 email about duty rotas, were dismissed. The tribunal accepted that the claimant did protected acts in October, November and December 2019 and that she made a protected disclosure on 10 December 2019, but it found no victimisation and no protected-disclosure detriment arising from the refusal on 11 May 2021 to change her line manager. The remaining victimisation and protected-disclosure detriment complaints were struck out for having no reasonable prospect of success.