Mrs R Wright-Turner v London Borough of Hammersmith and Fulham and 1 other — 2018

The tribunal found that the claimant was disabled at all relevant times by ADHD and by PTSD or other psychological symptoms, and that the respondents had knowledge of those disabilities. It upheld part of the harassment complaint arising from the 2 May 2018 meeting, finding that comments and questioning about ADHD were unwanted conduct related to disability and had the effect of creating an adverse environment for the claimant.

The tribunal upheld direct disability discrimination and discrimination arising from disability in relation to the extension of the claimant's probation and her dismissal. It found that the probation extension was decided after the claimant went on sick leave, that but for disability-related sickness absence her probation would probably have been confirmed, and that the respondents did not show the decisions were in no sense because of disability. The tribunal also found that the dismissal was connected with disability-related sickness absence, was taken without warning, representations or appeal, and was not justified.

The reasonable adjustments, victimisation, protected disclosure detriment and dismissal, unauthorised deductions, and breach of contract complaints were dismissed. The tribunal found one protected disclosure in a 2 February 2018 email, but not causation. It also found that the first respondent unreasonably failed to comply with the ACAS Code in relation to dismissal, appeal and grievance matters, with remedy to be determined separately.