Mr Gabriele Orsini v Royal Free London NHS Foundation Trust — 2022

The Respondent accepted that the Claimant's chronic lymphoedema causing leg ulcers was a disability at the material times. The tribunal was not persuaded that workplace stress materially exacerbated the Claimant's leg ulcers, and found that the Respondent did not have adequate evidence to know, and could not reasonably be expected to know, that stress had that alleged effect.

The reasonable adjustments complaints were dismissed. The tribunal found that the alleged withdrawal of home working in January 2020 was not made out and was out of time; that the Respondent did have policies allowing phased returns with limited duties and following occupational health recommendations; and that the Respondent had not failed to make the specific adjustments alleged. It found that efforts to identify work-related stressors had not produced actionable information before the Claimant returned to sickness absence and later took ill-health retirement.

The harassment complaints were also dismissed. The tribunal found that Employee Relations had not answered some questions and had not dealt well or promptly with document requests, but those matters did not amount to unlawful harassment related to disability. The allegation about cancellation of flexible working was out of time and, in any event, the tribunal found the arrangement had not been cancelled.