Mrs A Wilford v Evolve Trust AT A FINAL HEARING In: The Midlands (East) Region. Heard: Remotely, via CVP — 2021

Mrs Wilford's whistleblowing detriment and automatic unfair dismissal claims, based on protected qualifying disclosures, were withdrawn by the claimant and were not determined on the merits. The remaining case concerned direct disability discrimination, discrimination arising from disability, and a failure to make reasonable adjustments arising from her employment as a science teacher at Brunts Academy.

On the dismissal claims, the tribunal found that the respondent's actual and sole reason for ending employment was the unsatisfactory Trinity Academy reference received on 19 June 2018. The tribunal found that this reference led Mr Atkin to decide the employment could not continue, and that decision was confirmed in writing on 20 July 2018 with dismissal taking effect on 31 August 2018. The tribunal rejected the case that the dismissal was because of a perception that the claimant had cancer, finding that no such perception materially influenced the decision maker.

The tribunal also rejected the s.15 claim. It accepted that the claimant had colitis and that her April and June 2018 absences arose in consequence of disability, but found that those absences were not the reason for dismissal. The tribunal held that the unsatisfactory reference was the genuine reason for termination and that the sickness absence did not play a material part in that decision.

On reasonable adjustments, the tribunal found that the respondent knew of the claimant's colitis and, from April 2018, of a potential disadvantage linked to access to toilets from classroom L13. It found that the respondent responded promptly by providing a key to the disabled toilet and allowing temporary supervision by nearby staff if she needed to leave the classroom. The tribunal held those steps were reasonable and effective, that no measurable disadvantage from the L13 location was proved, and that a move to another classroom was not shown to be necessary or reasonable mid-term. It also dealt with limitation and declined to extend time, but in any event dismissed the claim on the merits.