Ms M Moore v University Hospitals Birmingham NHS Foundation Trust — 2024

The tribunal considered complaints of failure to make reasonable adjustments, indirect disability discrimination, disability harassment, race harassment, direct race discrimination, and direct disability discrimination. It accepted that the Claimant was disabled for Equality Act purposes. It found that Ward Clerks were not expected in the relevant period to manoeuvre wheelchair users, although they did escort patients generally. It also found that standard desk and equipment arrangements caused the Claimant pain or discomfort, but that the Respondent had not failed to take reasonable adjustment steps within a reasonable time before the claim was presented.

On the workstation issues, the tribunal found that the Respondent had knowledge of disadvantage in stages, that a DSE assessment was reasonably required before specialist equipment such as an orthopaedic chair was provided, and that delays did not amount to a breach of the duty to make reasonable adjustments on the facts of the claim period. The related indirect discrimination complaint also failed because, although the standard desk and equipment PCP put the Claimant at a disadvantage, the tribunal found that PCP justified by the Respondent's aims of appropriate allocation of resources and ensuring specialist equipment was relevant and safe.

The tribunal found that on 16 December 2022 Craig Martin swore at the Claimant and Ruth Fielding was harsh and raised her voice, and that this had the requisite effect on the Claimant, but it did not find a sufficient link between that conduct and race. It also found no evidential basis for the allegation that the Claimant was excluded from the Christmas party because of race. The disability harassment complaint about Neil Deeley's WhatsApp message was rejected because, although the comment was unwanted and related to disability, the tribunal did not find that it had the prohibited effect in the context of their friendship and the exchange.

The direct race discrimination complaints about overtime, fleeces, and social activities were dismissed because the tribunal found no less favourable treatment because of race. The direct disability discrimination complaint about the handling of the Claimant's complaints was also dismissed: the tribunal found that managers did respond, took the concerns seriously, involved HR, and that there was no evidence the Claimant's mental health disabilities affected the Respondent's treatment of her complaints.