Mrs D Bogdanowicz v Next Distribution Limited AT A HEARING — 2022

Mrs D Bogdanowicz brought disability discrimination and unfair dismissal complaints against Next Distribution Limited. Two disability-related complaints were dismissed upon withdrawal: the complaint of discrimination because of something arising in consequence of disability, and the complaint of failure to make specific reasonable adjustments concerning flexi-furlough and a four-day week.

The tribunal found that the redundancy consultation process was not procedurally fair and held that the claimant was unfairly dismissed. It also held that the respondent breached the duty to make reasonable adjustments by failing to provide an auxiliary aid, identified in the judgment as a perching stool, from 3 November 2020 until termination on 3 February 2021.

Other disability discrimination complaints were dismissed. The claim relating to a stool between 17 August and 3 November 2020 was dismissed, and the claim concerning a lift pass between 17 August and 30 September 2020 was dismissed. On the lift-pass complaint, the tribunal also said the claim was presented outside the relevant three-month period, extended by any relevant ACAS early conciliation, and that it would not be just and equitable to extend time.

The tribunal further dismissed the complaint that the respondent applied a provision, criterion or practice requiring a specific shift pattern during the restructuring process, or that this placed disabled people or the claimant at a substantial disadvantage, or that the respondent failed to make a reasonable adjustment by not adjusting work hours or shift options. Remedy was adjourned to a date to be fixed if not agreed.