Mrs Susannah Hickman Gray v Computershare Services Limited — 2025

The tribunal (Employment Judge Lancaster sitting with members PC Langman and T Fox) unanimously held that the claim partially succeeded. The only complaint to succeed was the failure to make a reasonable adjustment in not providing the claimant, who has accepted disabilities including bipolar disorder, osteoarthritis and (as treated for this purpose) ulcerative colitis, with an appropriate set of headphones. All other claims, including the remaining reasonable adjustments allegations relating to shift patterns and attendance at the Skipton office, discrimination arising from disability, constructive dismissal, unfair dismissal and the flexible working complaints, were dismissed.

On flexible working, the tribunal found the November 2021 request was invalid because the claimant did not then have the requisite 26 weeks' service, and that subsequent matters were either addressed informally by agreement or did not amount to a failure to deal with a request reasonably under s.80G(1)(a) ERA 1996. On the wider reasonable adjustments case the tribunal accepted the occupational health evidence did not establish that the claimant was unable to work up to 8pm or up to nine-hour shifts, and that the rotas in fact accommodated her.

On remedy for the successful headphones adjustment, the tribunal awarded £10,000 for injury to feelings. It declined to add an uplift for aggravating features, finding that the respondent's conduct of the proceedings was within the ordinary course and not unnecessarily aggressive. Interest was awarded at 8% from 15 March (the date the duty first arose), totalling £1,567.12, giving a total award of £11,567.12.