Mrs E Irabor v Leeds and York Partnership NHS Foundation Trust Heard by: CVP — 2021

The tribunal found that Mrs E Irabor was disabled within section 6 Equality Act 2010 because of lower back pain and its effect on day-to-day activities. It also extended time for any acts said to have occurred on 18 September 2019, finding that any delay was short and that it was just and equitable to do so because of the claimant's illness.

The direct disability discrimination and reasonable adjustments claims failed. The tribunal accepted that the respondent's sickness absence policy limited representation at formal meetings to a trade union representative or work colleague, and found that Ms Brack's request to identify Dr Taiwo before the meeting was not less favourable treatment. It found that Dr Taiwo was later allowed into the meeting once his details were confirmed, that the claimant could have been represented by UNISON or a colleague, and that there was no substantial disadvantage for the purposes of the reasonable adjustments claim.

The direct race discrimination, associative race discrimination, and victimisation claims also failed. The tribunal found no detriment or less favourable treatment because of race or because the claimant had made a protected complaint of race discrimination on 18 September 2019. It accepted that the claimant was referred to occupational health and moved to Stage 2 in line with the sickness absence process, and that Ms Brack reported the earlier incident to a senior manager the same day.

The unlawful deduction from wages claim failed because the tribunal held that the claim was really about injury allowance, that injury allowance is not wages for section 13 Employment Rights Act 1996 purposes, and that the claimant had lodged her application late. The tribunal found there was no deduction to recover and dismissed all claims.