Mr K Cowley v Merseyside Community Rehabilitation Company (in Creditor’s Voluntary Liquidation) and 1 other — 2023

The tribunal found that the claimant was disabled by reason of anxiety and depression, which the respondents accepted, but that he was not disabled by reason of hearing impairment at the relevant date. The claim concerned alleged disability discrimination, including alleged failures to make reasonable adjustments and discrimination arising from disability.

One reasonable adjustment complaint succeeded: the respondent should have provided the claimant with advance information about which aspects of his conduct were being investigated at the meeting on 31 October 2019. Although that complaint was presented about six months out of time, the tribunal extended time because it considered the claimant's mental health affected his decision making and there was little prejudice to the respondents.

The remaining reasonable adjustment complaints and the section 15 discrimination arising from disability complaints were dismissed. The tribunal found, among other matters, that the reasons for complaints made by colleagues were the claimant's inappropriate and aggressive behaviour towards them, and not because he had refused to attend a further Occupational Health appointment, which was no more than a trivial part of their reasoning.