Mr P Ferreira, husband For the v Respondent — 2023

The claimant, employed as a band 5 service support manager, brought disability discrimination complaints concerning the respondent's requirement that she work 9 a.m. to 5 p.m. over five days rather than compressed hours over four days. The respondent conceded disability by reference to anxiety, but disputed knowledge and liability.

The tribunal found that by 7 December 2022 the respondent knew the claimant was placed at a substantial disadvantage by working 9-to-5 over five days. It concluded that compressed hours were a reasonable adjustment and that the respondent was in breach of its duty to make reasonable adjustments from 7 December 2022 until 25 January 2023.

For the same period, the tribunal also found indirect disability discrimination. It accepted that efficient administration of the palliative care department during service hours was a legitimate aim, but held that removing the compressed working pattern was not proportionate because the respondent had been able to accommodate that pattern. No financial loss was conceded, and remedy was left to a later hearing for injury to feelings.