Case 2501114/2021 · Employment Tribunal
Mrs M Middleton v South Tees Hospitals NHS Foundation Trust — 2022
- Case reference
- 2501114/2021
- Decision date
- 4 May 2022
- Jurisdiction
- England & Wales
- Venue
- Teesside Justice Centre
- Panel members
- Mrs C Hunter, Ms E Wiles
Parties
2 namedClaimant
Mrs M Middleton
Key findings
Tribunal's reasoningMrs Middleton's complaint under regulation 30(1) of the Working Time Regulations 1998 failed. The tribunal held that it was reasonably practicable for her to take leave while shielding during the period 4 January 2021 to 31 March 2021, so the respondent had not refused to permit the exercise of the right claimed under regulation 13(10).
Her disability discrimination claims also failed. On the reasonable adjustments claim under sections 20 and 21 of the Equality Act 2010, the tribunal found that the respondent did not place her at the substantial disadvantage alleged, namely being unable to take leave because she was shielding from 1 January 2021 to 31 March 2021.
The indirect discrimination claim under section 19 of the Equality Act 2010 failed because the tribunal found that the PCP did not put people with the claimant's disability at a particular disadvantage compared with people who did not have that disability. The judgment recorded no monetary award.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Complaint under regulation 30(1) WTR alleging the respondent refused to permit the claimant to exercise a right under regulation 13(10) WTR. The tribunal found it was reasonably practicable for the claimant to take leave while shielding between 4 January 2021 and 31 March 2021. | Dismissed | — | — |
| Disability discrimination | Failure to make reasonable adjustments under sections 20 and 21 EqA 2010. The tribunal found the respondent did not put the claimant to the substantial disadvantage alleged, namely being unable to take leave because she was shielding between 1 January 2021 and 31 March 2021. | Dismissed | Disability | — |
| Disability discrimination | Indirect discrimination under section 19 EqA 2010. The tribunal found the challenged PCP did not put people with the claimant's disability at a particular disadvantage compared with people who did not have that disability. | Dismissed | Disability | — |
Legal tests applied
7 references- regulation 30(1) WTR
- regulation 13(10) WTR
- sections 20 and 21 Equality Act 2010
- section 19 Equality Act 2010
- reasonably practicable
- substantial disadvantage
- particular disadvantage
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.