Mrs H Spackman v Cardiff And Vale University Health Board — 2019

The tribunal accepted that the claimant had a back disability throughout, but held that she was not shown to have a mental impairment until early 2015. It found that before then the claimant's symptoms were described as stress linked to workplace events, there was no medication or therapy recorded, and the respondent did not have knowledge or constructive knowledge of a mental impairment in 2013 or 2014.

The reasonable-adjustments case was rejected across the pleaded incidents. The tribunal found no PCP or no substantial disadvantage in relation to the April 2013 temporary move, the grievance timetable, the move to Llandough, the missing review-rights letter, the delayed review report, later redeployment steps, keeping-in-touch contact, the phased return, work in PROTECT, the proposed twelve-week redeployment period, and the support arrangements. It also held that many of the complaints were outside time and that the continuing act argument did not bring the earlier and later events together.

The unfair dismissal claim failed because the respondent's reason was capability based on prolonged ill health absence, and the tribunal considered the employer had consulted the claimant, obtained medical evidence, tried to support a return to work, considered redeployment and adjustments, and dismissed only when there was no foreseeable prospect of return. The appeal did not change that analysis. The section 15 and section 26 disability discrimination claims were dismissed, and the corrected judgment records no remedy award.