Ms R Kight of Counsel (instructed by Banner Jones) v Royal Mail Group Limited — 2020

The respondent accepted that the claimant was disabled by cerebral palsy and Scheunemann's Disease. The Tribunal found that the respondent applied PCPs that business partner analysts were predominantly office-based, required to travel to meetings, and were subject to its sick pay policy. The office-based and travel requirements put the claimant at a substantial disadvantage because of his disabilities.

The Tribunal found that it would have been a reasonable adjustment to permit the claimant to work from home four days per week once further specialist advice had been obtained. It found that the respondent should have focused earlier on the claimant's particular medical circumstances, including evidence from his spinal physiotherapist, rather than relying on a conventional ergonomic approach. It also found a breach in relation to sick pay and that dismissal should not have been considered and actioned before the other reasonable adjustments were put in place.

For the section 15 claim, the Tribunal found the claimant's dismissal was the successful allegation. Although the dismissal letter referred to refusal to follow occupational health guidance and to engage with office adjustments, the Tribunal found the real reason was long-term sickness absence arising from disability, and no justification defence was before it. The harassment and victimisation complaints were dismissed for the reasons given in the judgment.