Case 1804061/2024 · Employment Tribunal
Ms S Mackenzie-Wintle v The Sheffield College Heard: in Sheffield and, on 23 July, as a hybrid hearing — 2025
- Case reference
- 1804061/2024
- Decision date
- 11 August 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ayre
- Panel members
- Ms G Fleming, Mr D Wilks
Parties
2 namedClaimant
Ms S Mackenzie-Wintle
Key findings
Tribunal's reasoningThe claimant, an associate lecturer at The Sheffield College, was diagnosed with autism in January 2023 and a Reasonable Adjustments Passport was agreed in March 2023. The tribunal found that she was open with colleagues not only about her autism but also about the adjustments and the RAP. It held that the 31 March 2023 meeting with Jane Parr and John Taff was arranged to address communication and marking issues between those two staff members, not to discuss the claimant’s communication skills, and that Ms Parr’s comments in that meeting were not unwanted and were not related to disability.
The tribunal also rejected the other harassment allegations. It found that Ms Parr’s 20 October 2023 conversation with Sally Johnson referred to the claimant working from home, but did not mention autism or reasonable adjustments, and was not unwanted or unreasonable in context. It further found that Ms Parr’s later conversation with Bethan Hyatt about the claimant’s working from home arrangement and RAP was related to disability, but that it was not reasonable for the claimant to regard it as creating an intimidating, hostile, degrading, humiliating or offensive environment. All harassment complaints were dismissed, and the tribunal said it did not need to decide the time-limit issues.
On victimisation, the tribunal accepted that the claimant’s formal grievance of 28 January 2024 and the present proceedings were protected acts. It dismissed the 7 February 2024 WhatsApp message from Katie Marshall-Preece as non-detrimental and not grievance-driven. It found that the 22 February 2024 Valencia comment was a detriment because of its possible consequences, but that it was an ill-judged joke and was not significantly influenced by the protected acts. It also found no detriment or causal link in the March 2024 transfer of Screen Yorkshire, the decision to keep the claimant and Mr Taff separated, the January 2025 comments about why Mr Taff would not work with her, or the brief January 2025 access to the folder on the bank laptop. The separation from Mr Taff was maintained because the working relationship had broken down and because of concerns for staff and students, and the laptop issue was dealt with on advice from HR and the Data Protection Officer, with the DPO concluding that there had been no data breach.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | The harassment complaint related to disability was based on three areas: the 31 March 2023 meeting and comments by Ms Parr, the 20 October 2023 conversation with Sally Johnson, and the 6 December 2023 conversation with Bethan Hyatt. The tribunal found the claimant was open with colleagues about her autism, the RAP and her adjustments, and held that the comments were not unwanted conduct, or were not reasonably capable of creating the proscribed environment, and in the 31 March incident were not related to disability. The complaint was dismissed in full. | Dismissed | Disability | — |
| Victimisation | The victimisation complaint relied on the formal grievance of 28 January 2024 and the commencement of these proceedings as protected acts. The tribunal dismissed the allegations about the 7 February 2024 WhatsApp message, the 22 February 2024 Valencia comment, the March 2024 transfer of Screen Yorkshire, the January 2025 separation from Mr Taff, and the January 2025 laptop/data incident. One sub-allegation under the 8 January 2025 heading was withdrawn during submissions and not determined. The tribunal found that the 22 February comment was a detriment but was not significantly influenced by the protected acts, and it found no detriment or protected-act causation in the other allegations. | Dismissed | — | — |
Legal tests applied
9 references- section 123 Equality Act 2010
- Robertson v Bexley Community Centre just and equitable test
- Commissioner of Police of the Metropolis v Hendricks continuing act test
- section 136 Equality Act 2010 burden of proof
- Igen v Wong / Barton burden of proof guidelines
- Richmond Pharmacology v Dhaliwal harassment test
- section 27 Equality Act 2010 victimisation test
- Shamoon detriment test
- Nagarajan v London Regional Transport significant influence test
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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