Case 2212199/2022 · Employment Tribunal
Ms Michaela Smith v The Department of Education — 2024
- Case reference
- 2212199/2022
- Decision date
- 25 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Singh
- Venue
- London Central
- Panel members
- Ms G Carpenter, Mr M Cronin
Parties
2 namedClaimant
Ms Michaela Smith
Respondent
Key findings
Tribunal's reasoningMs Smith worked for the Department for Education from 31 January 2022 until 31 October 2022. After direct and indirect disability discrimination, automatic unfair dismissal and victimisation claims were withdrawn, the tribunal considered complaints under sections 15, 20 and 26 of the Equality Act 2010. It accepted that CPTSD was a disability and also found that the claimant's neurodivergent condition, described as dyslexia with traits of dyspraxia and dyscalculia, was a disability.
On discrimination arising from disability, the tribunal found that extending probation on 5 July 2022 and refusing disability leave on 17 August 2022 were both unfavourable treatment. The probation extension claim failed because, although the claimant's performance issues arose in consequence of disability, the respondent's aim of assessing whether she could perform the role was legitimate and the extension was proportionate. The disability leave refusal claim failed because the tribunal found the refusal was based on the respondent's view that the policy did not apply, rather than because of the asserted disability-related reason.
On reasonable adjustments, the tribunal found the respondent had actual knowledge of CPTSD from the start of employment. It held that the requirement to take sickness absence when sick placed Ms Smith at a substantial disadvantage because it exacerbated her CPTSD and exposed her to attendance and pay triggers. The tribunal found it was reasonable to allow disability leave and to backdate it to 17 August 2022, and that the respondent failed to do so.
The tribunal also found that requiring Ms Smith to work in the ECF Policy Unit placed her at a substantial disadvantage because the team environment aggravated her CPTSD. It held that a move to a different team or department was a reasonable adjustment from 26 August 2022 and that the respondent failed to take that step. Two Teams messages dated 27 September 2022 were found to be unwanted, related to disability and to have the effect of violating her dignity, so the harassment claims succeeded. The case was listed for a further hearing on remedy.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Section 15 complaint about the 5 July 2022 probation extension. The tribunal found the extension was unfavourable treatment and that the performance issues arose in consequence of disability, but held that extending probation was a proportionate means of achieving the legitimate aim of assessing whether the claimant could perform the post. | Dismissed | Disability | — |
| Disability discrimination | Section 15 complaint about the 17 August 2022 refusal of disability leave. The tribunal found the respondent refused because it considered the policy did not apply to the claimant's circumstances, so the causation element for discrimination arising from disability was not made out. | Dismissed | Disability | — |
| Disability discrimination | Section 20 complaint about the PCP requiring sickness absence when sick. The tribunal found actual knowledge of CPTSD from the start of employment, substantial disadvantage through exacerbation of CPTSD and exposure to attendance and pay triggers, and that disability leave should have been allowed and backdated to 17 August 2022. | Upheld | Disability | — |
| Disability discrimination | Section 20 complaint about the PCP requiring the claimant to work in the ECF Policy Unit. The tribunal found that working in that team aggravated CPTSD, that a move to a different team or department was a reasonable adjustment from 26 August 2022, and that the respondent failed to take that step. |
Legal tests applied
20 references- s.15 Equality Act 2010
- Secretary of State for Justice and anor v Dunn
- T-Systems Ltd v Lewis
- Basildon and Thurrock NHS Foundation Trust v Weerasinghe
- Pnaiser v NHS England
- Sheikholeslami v University of Edinburgh
- s.20(3) Equality Act 2010
- Project Management Institute v Latif
- Environment Agency v Rowan
- Nottingham City Transport Ltd v Harvey
- Saveraux v Churchills Stairlifts plc
- General Dynamics Information Technology Ltd v Carranza
- Leeds Teaching Hospitals NHS Trust v Foster
- Griffiths and South Staffordshire and Shropshire Healthcare NHS Foundation Trust v Billingsley
- Royal Bank of Scotland v Ashton
- s.26 Equality Act 2010
- Richmond Pharmacology v Dhaliwal
- Reed and anor v Stedman
- Thomas Sanderson Blinds Ltd v English
- Hartley v Foreign and Commonwealth Office Services
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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