Mrs Marta Grobarcikova Gonczyova v Barchester Healthcare Ltd — 2024

The respondent accepted that the claimant was disabled by reason of hypoglycaemia and Long QT syndrome. The tribunal found that the claimant had existing adjustments recorded in a risk assessment and that, before 24 January 2023, no further adjustments were required. It rejected the evidence that working from home and use of a laptop had been provided as reasonable adjustments for the claimant's health conditions, finding instead that they related to completing administrative work outside contracted hours.

On the s.15 Equality Act 2010 claim, the tribunal found that one alleged comment was not said at the meeting but appeared in an email to a regional manager, and that it related to working arrangements which were not disability-related. For the other comments, the tribunal found they formed part of a legitimate discussion about whether the claimant could perform the deputy manager role within reasonable hours and about possible alternative roles. The tribunal concluded that the alleged comments were not unfavourable treatment because of something arising in consequence of disability, and in some instances also accepted the respondent's justification case.

On reasonable adjustments, the tribunal accepted some PCPs existed, including the expectation that a deputy manager would work some floor shifts and complete contractual hours in the workplace, but found they did not place the claimant at a substantial disadvantage compared with non-disabled employees. Other alleged PCPs, including a requirement to start every shift at 8 a.m. or to work excessive hours, were not established. The tribunal found the proposed adjustments were unnecessary and that there was no breach of the duty to make reasonable adjustments.