Miss Twine (Counsel) For the v Respondent — 2023

Mr Irish joined Network Rail Infrastructure Limited on 19 February 2020 and by the time of the hearing was working as a Signaler. He has autism spectrum disorder, which the respondent accepted was a disability. In January 2021 he applied for an Incident Support Controller role. Before the interview he asked for a virtual interview, extra time to answer questions, and permission to use cue cards. On 22 March 2021 Mr Rutland and Mr Benge met him to discuss the request, showed him the interview room, and confirmed that the interview would not be held in the command suite; the tribunal found that he was given extra time, cue cards, reduced eye contact, and access to a quiet space.

On the reasonable adjustments claim, the tribunal found that there was a practice of face-to-face interviews unless an exception was made, and that a face-to-face interview placed Mr Irish at a substantial disadvantage because social interaction was draining for him and unfamiliar surroundings made the interview harder. It nevertheless dismissed the claim because it did not find that Network Rail knew, or could reasonably have been expected to know, that he was likely to be placed at that substantial disadvantage. The tribunal accepted that his request for a virtual interview was framed as a wish to perform better from home, and that the managers reasonably thought they had addressed the relevant concerns once they explained the actual interview arrangements.

On the section 15 claim, the tribunal held that Mr Irish was in substance refused a virtual interview on 22 March 2021 and that his difficulties with small talk and social interaction arose in consequence of his disability. It still dismissed the claim because those difficulties were not the reason the interview was not conducted remotely. The tribunal found that the respondent did not hold the interview virtually because it reasonably believed the adjustments already made were sufficient and that Mr Irish had accepted an in-person interview. The tribunal said that, if justification had fallen to be decided, a face-to-face interview would have been a proportionate means of achieving the legitimate aim of getting the best out of candidates.

The harassment claim was dismissed in full. The tribunal found that the 22 March 2021 discussion about the requested adjustments was unwanted and related to disability, but it was a practical discussion about the request and did not have the purpose or effect required by section 26. The alleged 'you overthink things' remark was not proved on the balance of probabilities. The tribunal found that Mr Dovener did say that Greta Thunberg was 'a strange one', but it held that this comment was not related to Mr Irish's disability and did not create the prohibited environment in any event.

No financial award was made because all of the tribunal claims were dismissed. The judgment therefore records no basic award, compensatory award, injury to feelings award, or interest. The later internal grievance process was separate from the tribunal claims and did not alter the tribunal's conclusions.