Ms G Nicholls, of counsel For the v Respondent — 2020

Mr Darren Meynall, a prison officer at HMP Hewell, brought claims arising out of an incident on 8 May 2017 and a meeting later that day with Governor David Bowkett. The tribunal found that Bowkett's comments to the effect that the claimant needed to get his head checked out, and the suggestion that he was mad if he thought the Prison Service was out to get him, amounted to harassment related to disability under section 26 of the Equality Act 2010. It found that the claimant was genuinely offended and that it was reasonable for him to regard the comments as creating an offensive and hostile environment.

The direct discrimination claim under section 13, based on the same comments, failed. The tribunal found that Bowkett was not aware of the claimant's depression at the time, and that the comments were made in response to the claimant's own extreme allegations that governors were corrupt and trying to stitch him up. On that basis, the tribunal held that the claimant had not shown less favourable treatment because of disability.

The tribunal also rejected the section 15 claim arising from disability, which was based on the decision to dismiss the claimant on 5 January 2018 and uphold that dismissal on appeal on 20 March 2018. It accepted that the claimant's use of force on 8 May 2017 was something arising in consequence of his disability, but held that dismissal was a proportionate means of achieving the legitimate aim of protecting the secure and efficient running of the prison service. The tribunal placed weight on the claimant's failure, even with hindsight, to accept that his use of force was inappropriate and on the need for prison officers to comply with use-of-force and control-and-restraint standards.

The unfair dismissal claim failed. The tribunal found that the respondent carried out a reasonable investigation, relied on CCTV and witness evidence, and was entitled to conclude that the claimant had used inappropriate force on the B2 landing without first de-escalating or coordinating with colleagues. It held that dismissal for conduct amounted to a fair response within the band of reasonable responses. The claims for unlawful deduction from wages and holiday pay were withdrawn by the claimant and did not proceed on the merits; no remedy was awarded at this stage, and a separate remedy hearing was listed only for the successful harassment claim.