Mr M Legname v Environment Agency — 2023

The Tribunal found that the claimant had Generalised Anxiety Disorder and was a disabled person within the meaning of the Equality Act 2010 at the relevant times in June and September 2021. It found that the condition had a substantial and long-term adverse effect on normal day-to-day activities, including concentration, social situations, sleep, and at certain times the ability to work. The respondent had knowledge of the disability, including through Occupational Health reports and the employee disability passport process.

The agreed PCP was that employees were required to be fit and capable to attend work and/or perform the Senior Environmental Crime Officer role in the NES team. The Tribunal found that this placed the claimant at a substantial disadvantage because working in that team aggravated his Generalised Anxiety Disorder and he became unable to work from 19 May 2021 until taking up a Sustainable Places role in September 2021.

The Tribunal found that moving the claimant to a Sustainable Places role was a reasonable adjustment which could and should have been made, whether in June 2021 or September 2021. It noted that the role was at the same grade, the claimant had previously worked successfully in that team, Occupational Health had recommended a move, and the respondent was a large organisation. The Tribunal also found the claim was in time, treating the refusals on 2 June 2021 and 2 September 2021 as a course of conduct and applying the ACAS early conciliation stop-the-clock provisions.