Ms C Tyerman First v Sheffield Health and Social Care NHS Foundation Trust Second Respondent: The Rotherham NHS Foundation Trust Heard at Sheffield — 2022

Ms Tyerman worked as a clinical psychologist for Sheffield Health and Social Care NHS Foundation Trust from 21 April 2020 and was based at The Rotherham NHS Foundation Trust's Child Development Centre as a contract worker. The tribunal accepted that both respondents knew of her dyslexia, and later became aware of other disabilities including dyspraxia, central auditory processing disorder, ADHD, PTSD, anxiety disorder, stress and depression. It held that The Rotherham NHS Foundation Trust was a principal for section 41 purposes, but that the first respondent was not acting as its agent for sections 109 to 112.

The tribunal rejected the claimant's direct disability discrimination case and her discrimination arising from disability case. It found that the changing start dates, induction arrangements, later changes to the role after Lisa Moss resigned, the decision not to recruit another band 8a psychologist, the delay in telling the claimant about the contract termination, and the redundancy process were explained by the pandemic, staffing problems and the second respondent's service decision, not by disability. It also dismissed the victimisation allegations, holding that the relevant conduct was not because of the claimant's protected acts.

On reasonable adjustments, the tribunal held that the respondents had actual or constructive knowledge of the relevant disabilities and the associated disadvantage, but found that the main adjustments were made or reasonably made over time. Those included working from home for part of the induction and phased return, room bookings, storage, a configured laptop and software, supervision, breaks, written communication, and training. It concluded that there was no overall failure to comply with sections 20 and 21 of the Equality Act 2010.

The only successful claim was harassment related to disability against The Rotherham NHS Foundation Trust. The tribunal found that Johanna Wilman's email of 27 May 2020, describing the claimant as 'very picky' and saying she would not work until everything was in place for her disability, was unwanted conduct related to disability that had the effect of violating dignity. The harassment complaint was out of time, but the tribunal extended time as just and equitable and listed the case for a later remedy hearing.

All other harassment allegations, including those against the first respondent, were dismissed. The tribunal also held that the claimant was not entitled to a redundancy payment because her NHS continuity of service had been broken, and no monetary remedy was fixed in the judgment.