Miss J Appleby v Secretary of State for Work & Pensions — 2022

The claimant, who remained employed by the respondent, brought claims of disability discrimination. Disability was conceded, with accepted impairments including borderline personality disorder, post-traumatic stress disorder, anxiety, depression, endometriosis and a back problem. The tribunal found the claims were presented out of time, but that there was a continuing state of affairs and it was just and equitable to extend time.

The tribunal dismissed the direct discrimination claim, finding no less favourable treatment compared with a hypothetical comparator. It found that the challenged emails, decisions and investigation material did not show treatment because of disability. The reasonable adjustments claim was also dismissed: the tribunal found that adjustments had been made or considered, including the extended sickness trigger point, limited telephony, part-time arrangements and workplace equipment, and that the further requested adjustments were not established as reasonable failures by the respondent.

The discrimination arising from disability claim was dismissed because the tribunal found no unfavourable treatment in the matters relied on, including training arrangements, the specialist chair, the 23 December 2019 meeting, grievance investigation report and absence recording. Where it addressed justification, the tribunal found the respondent's actions were proportionate means of achieving legitimate aims such as supporting the claimant, resolving grievances and accurately recording absence.

The harassment and victimisation claims were dismissed. The tribunal accepted that some wording in emails could have been more tactful or was casual and inappropriate in places, but found that the statutory test for harassment was not met. For victimisation, it found no basis that Mr Thompson's comments in the investigation interview were retaliatory or subjected the claimant to detriment because she had complained about him.