Mr M Todd of Counsel For the v Respondent — 2024

The claimant, a Band Three Prison Officer at HMP Dartmoor employed by the Secretary of State for Justice, brought a single discrimination claim limited to an alleged failure to make reasonable adjustments in respect of his disability (ADHD, formally diagnosed in 2018). The respondent conceded that the claimant was disabled and that it had knowledge of his disability during the relevant period (April 2022 to November 2023). Four provisions, criteria or practices (PCPs) were considered.

The tribunal upheld the claim in relation to the second PCP, namely the respondent's normal shift routine which included a requirement to work late shifts when rostered. It found that the duty to make reasonable adjustments had arisen from July 2022 following the First Occupational Health Report, and that the respondent failed to act on that report and failed to make adjustments that would have been reasonable, including allowing the claimant to work full days only or restricting any half days to the morning shift. The tribunal dismissed the claims relating to the first PCP (Detached Duty), the third PCP (busy environment) and the fourth PCP (titration sickness leave); it held that no substantial disadvantage was established for the first and third PCPs and that, applying Ishola v Transport for London and Nottinghamshire City Transport Ltd v Harvey, the fourth matter was not a PCP.

The claimant sought only an award for injury to feelings. The tribunal awarded £4,250.00 in the lowest Vento band, which the respondent did not oppose, together with interest of £550.56 calculated from the date of discrimination under the Interest Regulations, producing total compensation of £4,800.56.