Ms M Creedon v Department for Work and Pensions — 2023

The claimant was employed by the respondent from 7 December 2020 until her resignation on 30 November 2021. The respondent accepted that she had disabilities at the relevant time and that it had constructive knowledge by 5 September 2021. The tribunal did not find the conspiracy or collusion alleged by the claimant, but it did identify poor decisions and management in parts of the chronology.

The reasonable adjustments claim succeeded in one respect. The tribunal found that requiring absence management meetings placed the claimant at a substantial disadvantage, that the respondent knew of that disadvantage, and that a temporary postponement of meetings or discussions pending completion of therapy was a reasonable adjustment. The tribunal dismissed the other reasonable adjustment allegations, including those concerning the occupational health referral timetable, written contact, and next of kin contact.

The harassment claim succeeded in relation to the home visit on 17 September 2021. The tribunal found that the visit, knocking at the claimant's home, remaining outside, and speaking with neighbours were unwanted conduct related to disability and had the effect of violating the claimant's dignity and creating a hostile and humiliating environment. The tribunal accepted that the purpose of the visit was concern about perceived suicide risk, but found that, in the circumstances, it was reasonable for the conduct to have had the statutory effect. Other harassment allegations were dismissed.

The victimisation claims were dismissed. Although both alleged protected acts were found or accepted to be protected acts, the tribunal found that the occupational health timing, contact with the claimant, the home visit, and the invitation to a meeting were not because of either protected act. No remedy was decided in this judgment; a remedy hearing was to be listed.