Ms Keisha Daniels v British Telecommunications plc — 2020

The claimant worked for the respondent as a trainer and had been managed under performance procedures over a lengthy period. The Tribunal found genuine concerns about her performance, including low feedback scores, complaints about training delivery, limited learner days delivered, and unsuccessful performance improvement plans. It accepted capability as the reason for dismissal and found the respondent had acted reasonably after giving warnings, training, time to improve and an appeal.

The Tribunal found the claimant was disabled by benign essential tremor and that the respondent became aware of it before dismissal. However, the direct disability discrimination allegations failed because the requirements to deliver courses and undertake the plan were not because of disability. The discrimination arising from disability claim also failed because the dismissal was not because of inability to perform fine motor tasks; the Tribunal found wider concerns about knowledge, facilitation, group control and other action plan failures.

The direct race and sex discrimination claims succeeded in relation to the withdrawal of two internal job offers. The Tribunal found the withdrawal of the offers was a detriment and that, after the second role was later given to a white male without reopening recruitment, the burden of proof shifted. The respondent did not provide an adequate explanation, with limited documentation, unreliable evidence about the first withdrawal, and an inadequate investigation of the claimant's equal opportunities complaint.

The indirect discrimination claim failed because it was not pursued, no valid PCP was established, and the evidence showed it duplicated the direct discrimination complaint. The breach of contract claim was outside the Tribunal's jurisdiction because it was brought before termination. The overtime claim failed because the Tribunal was not shown a contractual basis for payment for the public transport travel time claimed.