Miss Alison McRobbie v Department for Work and Pensions — 2024

The tribunal found that the Claimant was disabled by physical impairments from the start of employment and by PTSD from 2022. Most disability discrimination allegations were dismissed. It found that managers had generally taken steps to support home working, workplace adjustments, occupational health referrals and return-to-office arrangements, although the Respondent did not properly address whether disability-related attendance trigger points should be adjusted.

The failure to consider and apply disability trigger points was held to be a failure to make reasonable adjustments. The tribunal found this caused concern and stress about possible formal attendance action, but noted that no formal attendance warning was issued and that HAIM meetings were treated as supportive in practice.

One harassment allegation succeeded. The tribunal found that a colleague made a comment linking the Claimant's DSE chair with Stephen Hawking, that the comment was unwanted and related to disability, and that in the circumstances it was reasonable to treat it as having the statutory effect. Other harassment, direct discrimination, discrimination arising from disability and victimisation allegations were dismissed.

The unfair dismissal claim was dismissed. The tribunal found that the Respondent carried out a fair investigation, disciplinary process and appeal into alleged inappropriate access to DWP systems, had reasonable grounds for its belief in gross misconduct, and that summary dismissal was within the range of reasonable responses.