Case 2203458/2021 · Employment Tribunal
In person For the v Respondent — 2022
- Case reference
- 2203458/2021
- Decision date
- 30 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge H Stout Tribunal
- Venue
- London Central
- Panel members
- M Pilfold, D Carter
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal found that the respondent failed to comply with the Equality Act 2010 duty to make reasonable adjustments for the claimant's disability in two respects. First, it failed to provide a keyboard and mouse for homeworking between 21 December 2020 and the end of January 2021. Second, it failed to exempt the claimant from the requirement to greet visitors to the centre and carry out temperature checks between 1 October 2020 and 7 November 2020. The second adjustment claim was brought outside the primary time limit, but the tribunal extended time because it considered it just and equitable to do so.
The tribunal also dealt with earlier discrimination allegations. It held that the respondent had directly discriminated against the claimant because of disability in 2018 by not showing as much support in her bereavement as it did for a non-disabled colleague, including through the purchase of flowers. However, that claim was out of time and the tribunal decided it was not just and equitable to extend time. It reached the same procedural conclusion on the harassment allegation based on a public suggestion on 24 October 2017 that the claimant should use annual leave to cover disability-related hospital appointments: the tribunal found the conduct amounted to harassment, but the claim was out of time and was not allowed to proceed.
The tribunal stated that the respondent did not otherwise contravene the Equality Act 2010 and dismissed the claimant's remaining direct discrimination, harassment and reasonable adjustment claims. It ordered the respondent to pay £9,046.79 within 14 days, made up of £8,000 for injury to feelings and £1,046.79 interest, the latter being agreed by the parties under the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Failure to make reasonable adjustments by not providing a keyboard and mouse for homeworking between 21 December 2020 and the end of January 2021. | Upheld | Disability | — |
| Disability discrimination | Failure to make reasonable adjustments by not exempting the claimant from greeting visitors to the centre and carrying out temperature checks between 1 October 2020 and 7 November 2020; the claim was outside the time limit but time was extended as just and equitable under s 123(1)(b). | Upheld | Disability | — |
| Disability discrimination | Direct discrimination allegation that in 2018 the respondent did not demonstrate as much support for the claimant in her bereavement as it did for a non-disabled colleague, including through the purchase of flowers; the tribunal found this claim out of time and did not extend time. | Dismissed | Disability | — |
| Harassment | Harassment allegation arising from a public suggestion on 24 October 2017 that the claimant should use annual leave to cover disability-related hospital appointments; the tribunal found the claim out of time and did not extend time. | Dismissed | Disability | — |
| Other | The tribunal stated that the claimant's other claims of direct discrimination, harassment and failure to comply with the duty to make reasonable adjustments were dismissed, but it did not separate those remaining allegations individually. |
Remedy
Monetary award- Total award
- £9,047
- across all upheld claims
Legal tests applied
8 references- Equality Act 2010 ss 20-21
- Equality Act 2010 s 39(5)
- Equality Act 2010 s 39(2)(d)
- Equality Act 2010 s 13
- Equality Act 2010 s 26
- Equality Act 2010 s 40
- Equality Act 2010 s 123(1)(a)
- Equality Act 2010 s 123(1)(b) just and equitable extension
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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