Ms C James v Marine Society And Sea Cadets — 2019

Ms James was employed as Joint Finance Manager from 1 November 2006 until dismissal on 18 December 2017. The tribunal accepted that she was disabled by reason of Complex Post Traumatic Stress Disorder, but not in respect of her back condition or breast tumour. It held that the Equality Act complaints were presented out of time under s.123 EqA 2010 because the claim form was presented on 9 April 2018 and the earliest potentially in-time act was 16 December 2017; it declined to extend time.

Although the tribunal lacked jurisdiction, it went on to consider the merits. It found the direct discrimination complaint would fail because the delay in telling Ms James about the restructuring was linked to her impending absence for breast surgery, not to disability. It found the s.15 complaint based on the need for a permanent workstation away from the Finance Office was made out on the facts and was not justified, and the reasonable-adjustments complaint would likewise have succeeded because it was reasonable to accommodate her permanently in the POO room or a similar space. The separate s.15 complaint tied to the breast tumour and absence failed because that condition was not the disability relied on in the claim.

On harassment, the tribunal accepted that some comments and conduct occurred, but found they were not intended to harass and did not have the effect required by s.26 EqA 2010. It held that the dismissal was for redundancy and that the redundancy itself was genuine, but the process was unfair because consultation started too late and did not give Ms James a proper opportunity to influence the outcome. The tribunal said a fair process would likely still have led to dismissal after about one month under Polkey, and it listed the case for a later remedy hearing; no monetary award was fixed in this judgment.