Ms Vivienne Ward v Greater Manchester Mental Health NHS Foundation Trust — 2023

The claimant, who remained employed by the respondent, brought complaints alleging failures to make reasonable adjustments arising from her disabilities of COPD, chronic asthma, anxiety, depression and PTSD during her work on Delamere Ward in 2021. The Tribunal found that most complaints were presented outside the primary Equality Act time limit, but that it was just and equitable to extend time because of the claimant's health, the relatively short delay, and the absence of identified forensic prejudice to the respondent.

On the airlock complaint, the Tribunal found a practice of allowing staff into the airlock without masks and accepted that this placed the claimant at a substantial disadvantage, including through heightened anxiety. It found, however, that once the respondent was on notice it proposed a reasonable adjustment: the claimant could wait until the transparent airlock was empty before entering. The Tribunal found the respondent's duty was fulfilled.

The occupational health complaint failed because the Tribunal did not find a PCP of not making referrals on request or of delaying referrals, and considered that a referral itself would not remove disadvantage. The complaints about discarded masks, mask availability, and inter-ward staff movement also failed because the Tribunal found either no substantial disadvantage, no actual or constructive knowledge of likely disadvantage after steps were taken, or that the proposed adjustments were not reasonable in the circumstances.