Mrs S Forsbrook v The Governing Body of Windsor Clive Primary School and 2 others — 2022

The Tribunal found that the claimant had eosinophilic asthma amounting to a disability, and that the respondents knew of that disability from the Occupational Health report of 18 March 2020, but not before. It accepted that the claimant suffered from PTSD, but found insufficient evidence that PTSD met the Equality Act disability definition and found the respondents did not know, and could not reasonably have been expected to know, about PTSD before May 2021.

Most disability discrimination allegations were dismissed. The Tribunal found that absence management meetings, mask requirements, fundraising discussions, autism training issues, grievance handling, contact meetings and the dismissal process were not direct discrimination, discrimination arising from disability, indirect discrimination, failures to make reasonable adjustments, victimisation, or harassment, except for one harassment allegation. It found that the January and February 2021 Stage 2 absence review correspondence arose from an administrative error, but that the sending and continuation of that correspondence amounted to unwanted conduct related to the claimant's asthma which reasonably had the effect of making her feel intimidated.

The unfair dismissal claim was dismissed. The Tribunal found that the claimant had been absent long term, had been warned that her employment was at risk, had said she could not return while Mr Fisher remained Head Teacher, and had declined mediation and medical redeployment. It concluded that the respondents carried out reasonable investigation and consultation, had a genuine belief there was no real prospect of return, and that dismissal was within the reasonable band of responses.