Mr K Ojo v Home Office — 2020

The tribunal held that it lacked jurisdiction to consider disability discrimination complaints about acts or failures before 30 December 2020. It found the delays substantial, noted the absence of an explanation for not presenting the claim earlier, and decided it was not just and equitable to extend time.

On the merits, the tribunal found that the Respondent had provided extensive training, supervision, feedback and adjustments during the Claimant's probation and extended probation. It found the Claimant was allocated a limited workload, that benchmarks were reduced, that probation was extended several times, that Occupational Health advice was sought repeatedly, and that the Claimant was placed on paid special leave when he could not work from home during lockdown.

The tribunal found the Claimant was dismissed because, after about 18 months of employment including about 12.5 months actually at work, he had not demonstrated competency in the role and was still performing only a small part of it with errors and support. It found no evidence that his schizoaffective disorder caused the performance issues relied on, and held that the dismissal and performance management were not direct discrimination, discrimination arising from disability, harassment, a failure to make reasonable adjustments, or indirect discrimination.