Mr Salter, Counsel For the v Respondent — 2021

Ms Churchman's anxiety and depression was accepted as a disability under s6 EqA, and the respondent accepted actual knowledge from 17 June 2021. The tribunal also recorded that the claim against Confluence Tax LLP was withdrawn and dismissed. The remaining claims were discrimination arising from disability, victimisation, and failure to make reasonable adjustments.

The tribunal found that the claimant's 24 September 2021 email asking to work more from a background role and avoid direct client contact was a request for adjustments connected with her disability. It rejected the respondent's case that she had been dishonest or had changed her position about not attending the office on 18 November 2021. The tribunal found there was no 7.00am communication, that she had said she was staying at home because of possible Covid exposure, and that attendance in the office that day had not been made mandatory.

On those findings, the tribunal upheld the s15 EqA claim. It found the dismissal was driven by the employer's concern that the claimant's absence was becoming harder to manage and that her role was client facing, in the context of her request to move away from direct client contact, rather than by dishonesty. It also upheld the victimisation claim, finding that the 24 September 2021 request for adjustments was a protected act and that dismissal was the detriment.

The reasonable-adjustments claim was upheld in part. The tribunal rejected the alleged PCP of requiring trust and confidence to be maintained between employer and employee, but it found the respondent failed to follow its disciplinary policy for probationary employees. It noted that the contract and handbook applied the disciplinary policy to all employees regardless of length of service, that the claimant's probation had ended on 4 June 2021, and that occupational health had recommended notice, advance papers, a break, and accompaniment for any disciplinary meeting. No remedy figure is set out in this judgment.