Ms. Z N Clarkson-Palomares v The Secretary of State for Justice — 2022

The claimant, a fee paid First-tier Tribunal judge with dyslexia, brought disability discrimination complaints concerning adjustments for her SSCS and IAC judicial work. The respondent accepted disability and knowledge. The tribunal found that the material disadvantage concerned producing written statements of reasons without effective voice recognition software, given the claimant's difficulties with reading, writing, processing information and proofreading.

The tribunal held that the respondent breached the duty to make reasonable adjustments by failing to provide functioning Dragon voice recognition software until 6 December 2018 and by failing to provide training in that software until May 2019. It found that the respondent's arrangements lacked clear ownership and coordination, causing delay. Other asserted adjustments failed because the relevant PCPs were not established, did not place the claimant at the required disadvantage, had already been provided, or were not reasonable in the circumstances.

The tribunal also upheld indirect disability discrimination for the same PCP, namely requiring written statements without voice recognition software, limited to September 2016 to 5 December 2018. The remaining indirect discrimination allegations failed. The section 15 complaints failed because the alleged treatment was either not established, not unfavourable, or was justified as a proportionate means of achieving legitimate aims connected with judicial standards, timeliness and administration of justice. The harassment complaints were dismissed because the correspondence, complaints handling and appraisal matters did not have the required proscribed purpose or effect in context.

On time limits, the tribunal extended time on a just and equitable basis for the reasonable adjustments claims about software and training, which were about one month late. It did not extend time for the proofreader reasonable adjustments complaint, which it treated as substantially later and no longer a live issue by the time of presentation. Remedy was reserved for a later hearing.