Mr. A. Kent v Department for Work and Pensions — 2024

The claimant, Mr A. Kent, brought complaints of constructive unfair dismissal, failure to make reasonable adjustments (disability discrimination) and failure to provide itemised pay statements against the Department for Work and Pensions. The tribunal, sitting at Newcastle before Employment Judge T.R. Smith with Mr M. Brain and Mr G. Gallagher, heard evidence over five days in April and August 2024. The respondent accepted the claimant was a disabled person (Ehlers Danlos Syndrome) from 19 July 2021.

On reasonable adjustments, the tribunal found that the respondent, through its specialist workplace adjustments team (DWPWAT) and contractors including Wagstaff, Posturite and Back Care Solutions, had taken active steps to source a suitable chair and other auxiliary aids. It concluded there were no further objectively reasonable steps the respondent could have taken, and rejected the claimant's contention of a conspiracy to dismiss him. The constructive unfair dismissal complaint also failed; the tribunal did not find the matters relied on amounted to a breach of the implied term of trust and confidence such as to justify the claimant's resignation.

The itemised pay statement complaint under section 8 ERA 1996 succeeded. The tribunal recorded the claimant's gross salary as £21,688 per annum (£1,807.33 per month), with deductions of £135.20 PAYE, £91.12 National Insurance, £11 student loan, £83.14 Alpha pension and £2.45 HASSRA, leaving net monthly pay of £1,322.91. The available text of the judgment does not set out a separate monetary award.