Ms M Osei-Antwi v London Borough of Lewisham — 2020

The claimant worked as a Senior Personal Adviser in the respondent's Unaccompanied Asylum Seeking Children and Leaving Care Service and resigned before a final decision on the recommended non-confirmation of her employment following probation. The tribunal found that the respondent had evidence-based concerns about the claimant's communication, timekeeping, safeguarding practice, response to management instruction, and interactions with colleagues and young people, and that those concerns explained the probation process and recommendation not to confirm her employment.

The tribunal found that the claimant was not a disabled person under section 6 Equality Act 2010 at the relevant times. It considered the disability discrimination complaints in the alternative and found that the challenged treatment was not because of disability or something arising from disability, that the pleaded PCPs did not establish indirect discrimination or a failure to make reasonable adjustments, and that the alleged disability-related harassment was not made out.

The tribunal found that the alleged protected disclosures were not protected disclosures, and that the pleaded 4 March 2020 protected act was not established. In any event, it found that the respondent's actions were not because of any disclosure or protected act. It also found no repudiatory breach of contract, so the claimant was not constructively dismissed, and accepted that no wages were owing at the end of employment. All claims were dismissed.