Mr J R Phillips v Financial Ombudsman Service Limited — 2025

The claimant was employed by the Financial Ombudsman Service Limited as a remote Investigator in its Edinburgh hub from 20 November 2023 until his dismissal on 5 September 2024 during an extended probationary period for unauthorised absence. He brought claims of failure to make reasonable adjustments (sections 20 and 39(5) Equality Act 2010) and discrimination arising from disability (sections 15 and 39(2)(d)) in connection with his ADHD, focused on the provision of ADHD coaching sessions and his dismissal.

On the reasonable adjustments claim, the tribunal accepted the claimant was disabled by ADHD and was placed at a substantial disadvantage in time management and document organisation, and that the respondent had the requisite knowledge. However, the tribunal found that the claimant had already been provided with eight ADHD coaching sessions and that further sessions would have been approved on request. The tribunal concluded the claimant had not shown that further coaching sessions would have avoided or materially reduced the disadvantage and so the claim failed; in any event the tribunal also concluded there was no breach of the duty.

On the discrimination arising from disability claim, the tribunal applied Weerasinghe and asked why the respondent dismissed the claimant. It found the reason for dismissal was the claimant's failure to report his Second Period of Absence, and that on the claimant's own evidence this failure was due to being burnt out, lacking energy and fatigued, which the claimant did not say arose in consequence of his ADHD. The claim therefore failed at that stage and both claims were dismissed.