LOUISE KELLY v Department for Work and Pensions — 2022

The claimant was dismissed after two searches on the DWP Searchlight database: one against her own address and one against her neighbour's address. The tribunal found that the reason for dismissal was conduct, namely the inappropriate use of the database, and that the DWP had a robust policy against such access because the database contained private information. The searches were admitted, and the tribunal found the investigation and disciplinary process were appropriately thorough.

On unfair dismissal, the tribunal concluded that the DWP had reasonable grounds for its belief, had considered mitigation, and that dismissal was within the band of reasonable responses. It rejected the contention that the claimant had been dismissed because she was not coping well.

On disability discrimination, the tribunal accepted that the claimant experienced menopause symptoms including stress, anxiety, lack of concentration, joint pain and fatigue. However, it was not satisfied that those symptoms had a substantial adverse effect on her ability to carry out normal day-to-day activities. The disability discrimination claim was therefore dismissed, and the tribunal stated that questions of knowledge and legitimate aims did not arise on its findings.