Claimant v The Garrard Acadamy (formerly Bexley Business Acadamy Ltd) — 2017

Mrs J Lamb's remitted claim concerned reasonable adjustments under sections 20 and 21 of the Equality Act 2010. The Tribunal found that the Respondent did not have the statutory knowledge needed to trigger the duty to make reasonable adjustments until the occupational health report of 21 November 2012. It accepted that the Respondent had actual knowledge that PTSD had been raised on 18 July 2012, but held that earlier references to depression, grief and sickness certification did not make a disability reasonably apparent, because the long-term element was not established before the 21 November 2012 report.

The Tribunal rejected the alleged PCPs based on the early grievance handling in March to July 2012, including the period when Ms Haylett investigated the complaint, the later decision to commission a fresh investigation, the alleged failure to disclose her report, the alleged lack of consultation, and the alleged delay in replying to the section 138 Equality Act questionnaire. It held that the early delay was a one-off defective process rather than a PCP, that the Haylett report was not fit for its intended purpose, and that the questionnaire point and the general communication complaint did not amount to PCPs causing substantial disadvantage.

The claim succeeded in part on the later handling of the grievance. The Tribunal found that from 21 November 2012 onwards Mr Atkinson adopted an unduly formalistic approach, when he could have built on the material already gathered and completed the investigation much earlier. It also found that the subsequent grievance appeal process, which concluded on 21 May 2013, involved unnecessary formality and delay, and that a quicker resolution would have been a reasonable adjustment.

The allegation that the Respondent should have disregarded sickness absence or not dismissed Mrs Lamb under its absence-management procedure failed. The Tribunal found no substantial disadvantage link for that complaint, noted that Mrs Lamb said she did not want to return to the Academy, and held that dismissal was not avoided by any proposed adjustment. It extended time as just and equitable under section 123 of the Equality Act 2010, but recorded no monetary award.