Ms D Rohm v Merrill Corporation Ltd — 2020

The tribunal accepted that Ms Rohm was disabled by breast cancer from 1 February 2016 and that Merrill knew of the disability. It held that the disability discrimination complaints presented in July 2017 were out of time on their face, but it was just and equitable to consider them because of her illness, the grievance and Early Conciliation steps she took in March to May 2017, and the timing of the claim.

On the section 15 and reasonable-adjustment complaints, the tribunal found that Merrill had made repeated adjustments to Ms Rohm's working pattern, duties, pay arrangements, and equipment during treatment and recovery. It rejected the complaints about the probation extension, sick pay, refusal of home working, non-allocation of projects, LiveChat, office attendance, performance comments, the performance review, and the occupational-health-related correspondence, holding that either the treatment was not unfavourable, there was no relevant PCP or substantial disadvantage, or the employer had acted proportionately and in line with medical advice.

It also rejected the harassment allegations, finding that the communications about leave, return to work, the medical certificate, the working-from-home arrangements, and the grievance and occupational health process were not conduct that could reasonably be seen as violating dignity or creating a hostile environment. On the dismissal issues, the tribunal held that the 18 May 2018 letter and the earlier matters relied on did not amount to a breach of the implied term of trust and confidence, so there was no constructive dismissal and the unfair dismissal complaint failed. No monetary award was made.