Mr M Adams v Idverde Limited — 2022

Mr M Adams brought disability discrimination and harassment claims against Idverde Ltd arising from his employment as a toilet cleaner and his fibromyalgia. The tribunal accepted that he was disabled. It identified the reasonable adjustments complaint as arising by soon after March 2019, when Mr Hopkins decided, in light of occupational health advice, that a transfer to the caged van driver/litter picker role was not appropriate.

The reasonable adjustments claim was held to be out of time under section 123(4) of the Equality Act 2010, and the tribunal was not satisfied that it was just and equitable to extend time. In the alternative, it found no breach of the duty to make reasonable adjustments. The tribunal held that the respondent had made adjustments from March 2019, including reducing manual scrubbing by using cleaning chemicals or fluids and providing brushes, and that a move to the caged van driver/litter picker role would not have been a reasonable adjustment.

On harassment, the tribunal rejected the allegations that Mr Hopkins made sarcastic comments about holidays or the claimant's van. It found those comments were not proved and, in any event, the complaint was out of time and it was not just and equitable to extend time. It also dismissed the allegations about letters being left in the toilet service area and about being required to undergo disciplinary procedures in April 2019, again on limitation and because the method of delivery did not amount to unlawful harassment.

The tribunal separately considered the September 2020 disciplinary-related harassment allegations. It found those complaints were in time, but held that leaving the letter in the locked service room and Mr Hopkins' decision to investigate and refer the matter to a disciplinary hearing did not amount to unwanted conduct related to disability or harassment within section 26(1). All claims were dismissed and no remedy was awarded.