Dr. S Shaikh v DB Engineering & Consulting GMBH — 2021

The claimant originally advanced race discrimination, sex discrimination, disability discrimination, victimisation and unpaid holiday pay. At the 5 February 2021 preliminary hearing, race discrimination, sex discrimination, victimisation and direct and indirect disability discrimination were withdrawn and later dismissed on withdrawal by judgment sent 9 February 2021; the holiday pay complaint was also withdrawn. The final hearing therefore concerned discrimination arising from disability under s.15 Equality Act 2010, failure to make reasonable adjustments and harassment, all on the basis of disability.

The tribunal accepted that Dr Shaikh had anxiety and depression and was a disabled person, but found that DB Engineering & Consulting GmbH did not know and could not reasonably have been expected to know of that disability before the post-dismissal grievance. It rejected her evidence that she had told Mr Hunefeld or Ms Attridge earlier, and held that emails about being under pressure, being mentally exhausted, and fit notes citing work-related stress did not amount to notice of depression or require further enquiry.

If knowledge had been established, the tribunal would still have dismissed the s.15 claim because it found the dismissal followed the claimant's conduct and behaviour, including working from home without permission, not meeting the Dublin attendance requirement, and her 21 January 2020 email and minutes, rather than sickness absence or an inability to cope caused by disability. The reasonable adjustments claims failed because the tribunal found the respondent lacked the required knowledge and, in any event, the suggested steps were not reasonable in the circumstances. The harassment claim also failed: the 21 January meeting invitation and the 28 February 2020 email to staff were unwanted, but neither was related to disability, although the latter was found to have the effect of humiliating the claimant. The claim was dismissed in full and no remedy was awarded.