Mr Nicholas Silvester v The Secretary of State for Justice — 2022

The claimant was employed as a prison officer and was dismissed following an incident with prisoner G on 25 September 2019 involving unprofessional language, including a threat to kill, and the use of the Mandibular technique. The tribunal found the claimant was disabled at the relevant times by PTSD-type symptoms, but did not find sufficient evidence that he was actively symptomatic or in a hypervigilant state during the incident.

The unfair dismissal complaint was dismissed. The tribunal found conduct was the reason for dismissal, the respondent genuinely believed the claimant had committed misconduct, there were reasonable grounds for that belief, and the process was not rendered unfair by the matters relied on by the claimant. Although the respondent did not fully investigate the possible link between disability and the unprofessional language allegation as mitigation, either disciplinary charge was sufficient on the respondent's evidence to justify dismissal independently, and dismissal remained within the range of reasonable responses.

The section 15 disability discrimination complaint was dismissed because the tribunal did not find that the alleged hypervigilant state was established or caused the claimant's reaction. The reasonable adjustments claim succeeded in part: during the March 2020 to July-October 2020 delay caused by the respondent's practice of not holding internal disciplinary proceedings during the early Covid-19 period, the claimant was placed at a substantial disadvantage by stress and uncertainty, and it was reasonable for the respondent to keep him better informed and provide sufficient support, including access to counselling.