Case 1305229/2020 · Employment Tribunal
Claimant v Apussi v Birmingham and Solihull Mental Health NHS Foundation Trust — 2022
- Case reference
- 1305229/2020
- Decision date
- 16 May 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Faulkner
- Venue
- Midlands West
- Panel members
- Mrs J Whitehill, Mr P Tsouvallaris
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningThe tribunal, sitting at Midlands West on 9 to 13 May 2022 before Employment Judge Faulkner with Mrs J Whitehill and Mr P Tsouvallaris, determined the claimant's disability discrimination and unfair dismissal complaints against Birmingham and Solihull Mental Health NHS Foundation Trust. The judgment records that the respondent did not contravene section 39 of the Equality Act 2010 by failing to make reasonable adjustments in the application of its Management of Attendance Policy to the claimant, so that complaint was dismissed.
The tribunal also held that the respondent did not contravene section 39 of the Equality Act 2010 by discriminating against the claimant because of something arising in consequence of her disabilities when terminating her employment. That complaint was dismissed as well.
The claimant's unfair dismissal complaint was not upheld; the tribunal found that she was not unfairly dismissed and that the complaint was not well-founded. The respondent's application for costs was withdrawn. The written record notes that reasons were given orally at the hearing and that written reasons would not be provided unless requested.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The tribunal held that the respondent did not contravene section 39 of the Equality Act 2010 by failing to comply with the duty to make reasonable adjustments in the application of its Management of Attendance Policy to the claimant. | Dismissed | Disability | — |
| Disability discrimination | The tribunal held that the respondent did not contravene section 39 of the Equality Act 2010 by discriminating against the claimant because of something arising in consequence of her disabilities when terminating her employment. | Dismissed | Disability | — |
| Unfair dismissal | The tribunal found that the claimant was not unfairly dismissed and that her complaint was not well-founded. | Dismissed | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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