Mr G Roberts v Penrhyndeudraeth Town Council HELD AT: Llandudno Caernarfon — 2023

The claimant brought disability discrimination claims alleging failures to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010. One alleged PCP, concerning consideration of codes of practice, regulations and relevant law, was withdrawn during the hearing and dismissed; the Tribunal nevertheless set out the findings it would have made on that issue.

The Tribunal found that the respondent did not have a practice of failing to give occupational health reports and recommendations sufficient consideration and attention. It found that the respondent read and considered the occupational health report, sought to engage with the claimant about adjustments, and attempted to support a safe return to work.

The Tribunal also found that, insofar as an agreed list of actions was an auxiliary aid, a list existed but was not finally agreed because of the claimant's refusal to engage. It concluded that the statutory duty did not arise in relation to the PCPs as framed, that the claimant was not put at a substantial disadvantage by lack of an auxiliary aid, and that the claims failed.