S Hippolyte v The House of Commons Commission — 2018

The tribunal accepted that the claimant had a physical disability, described as a gastro/gynaecological condition, and that the respondent was aware of it. It rejected the claimant’s asserted mental health disability, finding that she had not proved a mental impairment meeting the section 6 EA 2010 test. The tribunal also found that no respondent witness or manager acted because of race or disability in the incidents it considered.

On Allegation One, concerning the December 2016 complaint about the claimant’s conduct towards a visitor, the tribunal found that the complaint was genuine, that the investigation and informal action decision were made in good faith, and that there was no discrimination or harassment on grounds of race or disability. It also held that these Equality Act complaints were out of time and that it would not be just and equitable to extend time. On Allegation Two, concerning the 9 March 2017 wheelchair-user incident, the tribunal again found no discrimination or harassment and held that the claim was time-barred. On Allegation Three, concerning the alleged arm-to-chest contact by Ms Young on 25 April 2017, the tribunal did not find the factual allegation proved and again held the claim out of time.

On Allegations Four and Five, the tribunal accepted that on 5 February 2018 the claimant used inappropriate language to Ms Gina Beston and that this led to a final written warning on 10 October 2017 and dismissal on 16 August 2018. It found that Mr Williams had reasonable grounds to believe misconduct had occurred, that he carried out a fair disciplinary process, and that Ms Baldock’s appeal process was thorough and fair. Applying section 98(4) ERA 1996 and the authorities it cited, including Burchell, Iceland Frozen Foods, Sainsburys v Hitt, Wincanton v Stone and Bandara v BBC, the tribunal held that the warning was issued in good faith, was not a manifestly excessive sanction, and that dismissal taking account of that live warning was within the band of reasonable responses. All claims were dismissed and no remedy was awarded.