Mrs N Williams v Boots Management Services Ltd — 2019

The Claimant was a long-serving Accuracy Checking Pharmacy Technician with scoliosis, which the Respondent accepted was a disability. The Tribunal found that the Respondent knew or ought reasonably to have known about her back condition and the disadvantage she experienced, including pain and discomfort from continuous working without breaks.

The Tribunal upheld the section 15 Equality Act 2010 complaint about the performance improvement plan. It found that the manager's perception of the Claimant's speed of work had a significant influence on issuing the PIP, and that her speed of work arose in consequence of her disability. The Tribunal accepted the Respondent's legitimate aim but found the PIP was not justified at that time or in the manner issued, including because training time and reasonable adjustments had not been provided.

The Tribunal upheld reasonable adjustment complaints concerning tea breaks, recording the post-3 July 2016 disability-related absence so that it did not progress absence management, and ensuring a manageable workload between June and September 2016. It dismissed other adjustment complaints, including that additional paid hours would have avoided the relevant disadvantage and that carrying out a workplace risk assessment was itself an adjustment rather than a precursor to identifying adjustments.

The constructive dismissal claim was upheld. The Tribunal found a breach of the implied term of trust and confidence arising from the discriminatory findings, removal of tea breaks without consultation, workload and unpaid additional hours, lack of support and failure to action requested assessments or adjustments, the handling and timing of the PIP, and delay and insufficient scope in the grievance and appeal investigations. The harassment complaints were dismissed because the Tribunal found the alleged conduct did not relate to disability or did not objectively have the required prohibited effect.