Mr Norman Hutchinson v Governing Body of Downsell Primary School — 2021

The tribunal accepted that Mr Norman Hutchinson was disabled for Equality Act purposes by reason of diabetes, asthma and osteoarthritis, but not depression. It found that the school’s discussions with him about attending medical appointments, including asking whether one appointment could be moved and asking him to try to arrange appointments outside school hours, were consistent with the absence policy. It also found that he was not prevented from taking time off and was paid for those absences, so the medical-appointment allegations did not amount to direct discrimination, discrimination arising from disability, a failure to make reasonable adjustments, or harassment.

The tribunal rejected the contention that the disciplinary allegations and the length of the first suspension were connected to disability. It found that there were genuine concerns about the claimant’s conduct and refusal to follow instructions on 15 and 16 November 2017, and that the delays in the first disciplinary process were explained by the unavailability of those involved rather than by disability. It therefore dismissed all of the disability discrimination claims.

On unfair dismissal, the tribunal held that the dismissal of 14 October 2019 was unfair. It found that after the Doré disciplinary panel issued a final written warning on 30 April 2018, the respondent treated the claimant’s recording of conversations and the alleged breakdown in trust and confidence as grounds to convene a second process, which the tribunal described as a second bite of the cherry. The tribunal found that Mr Chetty had blocked the claimant’s return to work after the first disciplinary outcome and that mediation had not been attempted earlier for that reason.

The tribunal assessed what would likely have happened under a fair process and concluded that the claimant would probably have remained employed only until around 10 November 2019. It found contributory conduct by the claimant, including his manner towards Mr Chetty and the recording of two conversations without permission, and reduced the compensatory award by 60% only. It awarded a basic award of £10,189.41 and a compensatory award of £716.67, making a total of £10,906.08, with recoupment provisions applying and the prescribed element stated as £716.67 for 14 October 2019 to 3 February 2020.

The tribunal also made a costs order against the claimant on the disability discrimination claims. It ordered £11,400 if the unfair dismissal award was paid or set off, including the £800 already paid under deposit orders, and alternatively limited the costs liability to £800 if the unfair dismissal compensation was not paid or set off.