Mrs S. Short v Maximus UK Services Ltd — 2020

The claimant, a nurse undertaking training as a functional assessor, had polycystic kidney disease. The respondent conceded disability. The tribunal found the respondent, through occupational health, had knowledge of the disability from 12 February 2019, and that the claimant's manager had actual or constructive knowledge by 25 March 2019. The tribunal found that the claimant's disability led to hospital appointments, fatigue, illness-related absence, and later stress and anxiety connected with being told she would need a kidney transplant.

The claimant did not complete Stage 3 of the training to the required standard and was dismissed on 12 April 2019. The tribunal found that her performance was significantly influenced by matters arising from her disability, including the interruption caused by disability-related hospital attendances and absences and the impact of fatigue, stress and anxiety. It rejected the respondent's case that the extension already given offset those effects, finding that she had not been given a full second Stage 3 period.

For the section 15 claim, the tribunal accepted the respondent's aims of meeting its contractual obligations to DWP and its duty of care to customers as legitimate, but found dismissal was not proportionate. It found less discriminatory measures were available, including giving more time and support to complete Stage 3, and that the respondent had not shown those steps would create risk or difficulty.

For the reasonable adjustments claim, the tribunal found the training requirements placed the claimant at a substantial disadvantage compared with non-disabled trainees. It held that reasonable adjustments would have included discounting disability-related absences and extending Stage 3 to allow a full redo of that stage, which would have given the claimant a prospect of completing it.