In person For v Respondent — 2019

This was a remission hearing after the Employment Appeal Tribunal's directions on two harassment complaints and a reasonable adjustments complaint, plus the Claimant's costs application arising from a 30 August 2016 telephone hearing. The tribunal applied section 26 Equality Act 2010 and the EAT's guidance on whether conduct was related to disability and whether it had the purpose or effect of harassment.

The tribunal unanimously held that Mr Fleet's comment on 11 June 2013, asking whether the Claimant was intelligent enough to understand the spreadsheet, was related to the Claimant's disability because it was made in the context of her communication difficulty arising from Asperger's. Although the remark was not made with the purpose of harassing her, the tribunal accepted that the Claimant experienced it as violating her dignity and found it reasonable for the comment to have that effect. That complaint therefore succeeded.

By contrast, the tribunal held that Ms Brigden's remark on 11 June 2013, referring to the Claimant constantly being rude and distinguishing that from disability, was also related to disability, but it was not made with the purpose of harassing the Claimant and, once the following day's apology was taken into account, it was not reasonable for the remark to have the effect of harassment. That complaint was dismissed.

On reasonable adjustments, the tribunal found that the Claimant's difficulty with organising written reports arose at least substantially from her disability and placed her at a disadvantage compared with non-disabled colleagues. The majority held that the Respondent knew or ought reasonably to have known of that disadvantage around 27 March 2013, when a further adjustments plan was agreed, and that it was reasonable to provide writing-skills training. The Respondent did provide training sessions on 18 April, 23 April and 16 May 2013, and the majority concluded that it had done what was reasonable, so the claim failed. The minority would have found earlier knowledge and a failure to comply with the duty.

For remedy, the tribunal assessed injury to feelings for the successful harassment complaint at £3,500, placing the matter in the lower Vento bracket. It awarded interest of £1,728.33 under the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996, calculated from 11 June 2013 to 13 August 2019 at 8%. On the costs application, the tribunal found unreasonable conduct in failing to attend the 30 August 2016 telephone hearing and ordered £525 costs for counsel's fee note. The total sum payable was £5,753.33.