Mrs D Taylor v Astrea Academy Trust — 2020

Mrs D Taylor worked as a teaching assistant at Kingfisher Academy from 2003. She was diagnosed with osteoarthritis in both knees in November 2017. The tribunal accepted that this amounted to a disability, but found that the respondent did not know, and could not reasonably have known, that she was disabled until 21 June 2019, when she handed over a letter referring to arthritis.

The school had already decided, after a review linked to staffing and the forthcoming OFSTED inspection, to move her from KS2 to FS1 from September 2019. The tribunal found that the 26 June 2019 meeting note about a capability issue referred to the claimant's ability to do the role, not to disability. It also found that the claimant agreed to trial FS1 work and to a workplace assessment, and preferred the respondent's evidence that she did not complain of arthritic pain during the trial days.

The disability discrimination claims failed because the claimant was not required to work in FS1 against her agreement, there was no unfavourable treatment, and there was no PCP requiring bending, lifting, or working at low levels unaided. The tribunal said that, if it had needed to consider justification, the school's aim of staffing the new role with someone qualified would have been legitimate and proportionate.

The constructive dismissal claim also failed. Applying the implied term of trust and confidence and section 98 ERA 1996, the tribunal held that nothing the respondent did was likely to destroy or seriously undermine trust and confidence, and that the claimant had affirmed her contract by acting as if she would return in September 2019. Remedy was not considered and the listed remedy hearing was vacated.