Dr Sarah Greenwood v Maximus UK Services Ltd — 2024

The claimant is deaf and uses cochlear implants. The tribunal accepted that her disability affected her ability to communicate in noisy environments, over telephone or teleconference, and where masks or screens distorted speech during the Covid-19 pandemic.

The tribunal considered five alleged PCPs. It found PCP1 was not established because the claimant was not required to take calls in a busy open-plan environment and had access to a quieter room. For PCP2, it found teleconferencing created a substantial disadvantage, but the respondent made reasonable adjustments by differentiating materials in the circumstances of the early pandemic. For PCP3, it accepted masks and screens caused substantial disadvantage, but found the respondent made reasonable adjustments including clear masks and communication guidance, and later deaf awareness training.

For PCP4, the tribunal found the respondent addressed the fire alarm issue through measures including a buddy system, evacuation plan, visual cues for fire wardens, and later a device to alert the claimant. For PCP5, it found long detailed telephone assessments would have disadvantaged the claimant, but the respondent removed that requirement and provided alternative work. PCP1, PCP2 and PCP3 were also out of time, with no conduct extending over a period and no just and equitable basis to extend time. All claims were dismissed.