Mrs S Ajith v Department for Work and Pensions — 2019

The Claimant, who had breast cancer accepted by the Respondent as a disability, brought claims of discrimination arising from disability. The alleged unfavourable treatment concerned her non-selection for Team Leader roles at Barking, the award of a performance rating of 2 rather than 1 for 2017/18, the handling of her grievance by Ms Comben, and the grievance and appeal outcomes.

On time limits, the Tribunal found that the Team Leader appointment complaint was out of time but extended time on just and equitable grounds. The performance rating, grievance, and grievance appeal complaints were treated as part of a continuing state of affairs and were within time.

On the merits, the Tribunal found no prima facie link between the Claimant's disability-related absence, or uncertainty about that absence, and the Team Leader decisions or performance rating. It accepted the Respondent's explanations that stronger candidates were selected for Team Leader and that the Claimant's rating reflected performance that was good but not exceptional in all respects, including feedback from Mr Misbah.

The Tribunal also found that the choice of grievance manager was not unfavourable treatment and, in any event, was accepted not to have been influenced by sickness absence. It accepted non-discriminatory explanations for the grievance and appeal outcomes, including Ms Comben's continued view on the grading and HR advice about the grievance process. The disability discrimination claims therefore failed and were dismissed.