Case 2203363/2021 · Employment Tribunal
In person For the v Respondent — 2022
- Case reference
- 2203363/2021
- Decision date
- 31 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Adkin
- Panel members
- Ms C Marsters, Mr B Furlong
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningMs Edwards brought disability discrimination claims based on diabetes. The tribunal accepted that the respondent knew of her disability, but found that the earlier working pattern she described as her reasonable adjustment was not shown to have been medically recommended for diabetes. The only medical material located was a 15 June 2011 GP letter about working hours and a 12 March 2013 occupational health report recommending regular stretches from the desk and access to the toilet, not the later home/office pattern.
On the direct discrimination allegations, the tribunal rejected the claimant's case across allegations (a) to (j). It found Mr Bell did not invite her back to the F2F team on 6 July 2020 because he and occupational health had recorded that she could manage only about three hours on the computer, she had expressed concerns about Covid, and Council guidance was to work from home where possible. The tribunal also found that the use of the union representative, the comment that she could appear unapproachable, the move from Housing to Citizenship, and the later sickness-review comments were not because of diabetes; several of the later allegations were found not to have been said, or to have been genuine mistakes in terminology or record keeping.
On reasonable adjustments, the tribunal found that the claimant had not shown the respondent applied the PCPs she relied on. The one-day-per-week face-to-face arrangement was found to be something she wanted, not a requirement imposed by the respondent, and she was only required to work in Citizenship, with some Housing/F2F work accommodated at her request. As to the auxiliary aids, the tribunal found the monitor and mouse were recommended in relation to her head injury after the February 2020 accident, that the existing mouse was broken, and that both items were provided by 22/23 July 2020. Because all claims failed, the judgment was dismissed and no remedy was awarded.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Direct disability discrimination: the tribunal considered allegations (a) to (j) and found they all failed. It held that the reasons for the treatment were not diabetes, or that the alleged comments and conduct were not proved on the facts. | Dismissed | Disability | — |
| Disability discrimination | Failure to make reasonable adjustments: the tribunal found the claimant had not shown the respondent applied the PCPs relied upon, and that the monitor and mouse were recommended in relation to her February 2020 head injury and were provided by 22/23 July 2020. | Dismissed | Disability | — |
Legal tests applied
20 references- s.13 Equality Act 2010
- s.20 Equality Act 2010
- s.21 Equality Act 2010
- s.123 Equality Act 2010
- Bahl v Law Society
- Royal Bank of Scotland v Ashton
- Griffiths v Secretary of State for Work and Pensions
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- Igen v Wong
- Shamoon v Chief Constable of the RUC
- Madarassy v Nomura International plc
- Hewage v Grampian Health Board
- Barton v Investec Securities Ltd
- Efobi v Royal Mail Group Ltd
- Bexley Community Centre v Robertson
- Adedeji v University Hospitals Birmingham NHS Foundation Trust
- Hendricks v Metropolitan Police Commissioner
- Lyfar v Brighton and Sussex University Hospitals NHS Trust
- Aziz v FDA
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.
How we got this data
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