Miss Charlene Friend v MHS Homes Ltd — 2023

The Tribunal recorded that the Respondent accepted the Claimant was disabled by dissociative seizures and later conceded that PTSD, anxiety, traumatic brain injury and fibromyalgia formed part of her disability. It dismissed the direct disability discrimination complaint, but upheld discrimination arising from disability in most of the pleaded respects, including matters connected with performance management, occupational health recommendations and the Claimant's working arrangements.

The Tribunal upheld the failure to make reasonable adjustments complaint. It found that reasonable steps included altering workload, changing the Claimant's team leader, not instigating capability procedures before implementing occupational health recommendations, implementing recommendations on seating, workload, training and risk assessment, and tailoring training to the Claimant's needs. It also upheld harassment related to disability, including name-calling, an overheard loudspeaker conversation about performance, comments about wasted time, and a threat to give the Claimant's home address to a client.

The unauthorised deductions claim about bonuses was dismissed because the Tribunal found the Claimant had received what was contractually properly payable. The unfair dismissal claim was dismissed: the Tribunal found the reason for dismissal was capability on health grounds, and that the Respondent reasonably investigated, consulted, considered medical evidence and concluded there was no foreseeable return to work.