Case 1403814/2023 · Employment Tribunal
Ms Justine Pitts v Driver and Vehicle Standards Agency (DVSA) — 2025
- Case reference
- 1403814/2023
- Decision date
- 28 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Midgley
- Venue
- Bristol
- Panel members
- Ms L Simmonds, Ms M Luscombe-Watts
Parties
2 namedClaimant
Ms Justine Pitts
Key findings
Tribunal's reasoningThe claimant relied on acute anxiety as a disability. The respondent admitted that the impairment was a disability at the material time and that it knew of the disability, but disputed knowledge of the substantial disadvantage. The tribunal found that the respondent applied the admitted PCPs of placing Senior Business Change Managers within Ms Stone's counter-signing management chain and placing employees within a management chain determined by the respondent.
The tribunal found that the claimant's placement in Ms Stone's line management chain caused her a substantial disadvantage because of her disability. It accepted that her anxiety and fear relating to Ms Stone led to coping mechanisms at work, contributed to sickness absence, and had more than a trivial impact on her working practices and ability to attend work. It also found that, by the relevant decisions on 23 February and 10 March 2023, the respondent as a corporate entity had actual knowledge of the disability and the substantial disadvantage.
The tribunal dismissed the reasonable adjustments claim because it found that the proposed adjustments would have no prospect of removing the disadvantage. An internal or external Grade 6 replacement CSM would still need to liaise with Ms Stone on relevant management matters, and the tribunal concluded the claimant could not accept any possible involvement by Ms Stone. It further found that removing Ms Stone from the Directorate altogether would not have been practical or reasonable in light of the pressures on the Directorate and the disruption that would be caused.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The only live claim adjudicated in this judgment was failure to make reasonable adjustments. Earlier claims of victimisation, unauthorised deduction of wages and unpaid annual leave had been withdrawn and dismissed by a separate judgment dated 3 May 2024. | Dismissed | Disability | — |
Legal tests applied
22 references- Equality Act 2010 ss20 and 21
- Schedule 8 Part 3 paragraph 20 Equality Act 2010
- s.136 Equality Act 2010 reverse burden of proof
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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
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