Mrs A Okon v Home Office — 2018

The respondent accepted that the claimant was disabled at the material time by reason of multiple musculoskeletal problems, carpal tunnel syndrome and hypertension, and accepted that the relevant provisions, criteria or practices applied. The tribunal found that requiring the claimant to work in Croydon placed her at a substantial disadvantage because of her mobility difficulties and the effect of travel on her conditions.

The tribunal considered seven proposed reasonable adjustments. It found that the respondent should have placed the claimant in the temporary Reporting Centre Counter Manager role at Becket House after she had been successful in her expression of interest in late 2014. The tribunal found that the role existed, the claimant had been considered suitable for it, and the respondent had not provided evidence showing why placing her in that temporary role would have been unreasonable in the circumstances. The other proposed adjustments, including other Becket House roles, home working, taxi travel to New Cross Gate, and disability leave, were not found to be reasonable adjustments on the evidence.

For discrimination arising from disability, the tribunal found that placing the claimant on half pay from November 2015 was unfavourable treatment because of absence arising from disability. That claim succeeded only to the extent that the half-pay position was affected by the earlier failure to place her in the temporary Becket House role. The tribunal found that refusing disability leave was not unfavourable treatment, and in any event would have been justified as a proportionate means of achieving a legitimate aim. The successful claims were found to be in time as part of a continuing discriminatory state of affairs, and remedy was left to a further hearing.