In person For the v Respondent — 2021

The claimant brought claims including disability discrimination, failure to make reasonable adjustments, unlawful deduction from wages and unpaid holiday pay. The wage and holiday pay claims were withdrawn at a preliminary hearing, and the claim was amended to include constructive unfair dismissal. The tribunal decided liability only, with remedy to be considered later if required.

The tribunal found that the respondent had breached the duty to make reasonable adjustments during the claimant's employment from June 2018 to 8 July 2019. The respondent had conceded that the claimant had a disability to the extent of her ability to concentrate in noisy environments, and the tribunal accepted that the application of a common working area placed her at a disadvantage.

The claim under section 15 of the Equality Act 2010 was dismissed. The tribunal was satisfied that the respondent had dealt appropriately with the claimant's pay queries and had reasonably sought occupational health advice about NHS Injury Allowance. The constructive unfair dismissal claim was also dismissed because the tribunal was not satisfied that the claimant had shown a fundamental breach of contract, and it found that by the time of resignation the respondent had agreed to implement the reasonable adjustments.