Miss Y Akinkuolie v Corps Security (UK) Limited — 2019

The tribunal found that the claimant was a disabled person throughout the relevant period. It held that her osteoarthritis, obesity-related physical effects, urinary continence and bowel symptoms, hypertension, and anxiety and depression together had a substantial and long-term adverse effect on normal day-to-day activities. The respondent's predecessor and, later, the respondent had varying degrees of knowledge of those impairments.

On liability, the tribunal found five incidents amounted to harassment related to disability: the 3 February 2017 North Loading Bay incident involving Mr Riley and Mr O'Dell, the WeightWatchers email, the sexually explicit email sent in the claimant's name, deletion of her emails, and the mailbox key sabotage. It also found that requiring the claimant to take annual or unpaid leave for a February 2017 blood test would, on the evidence, have been discrimination arising from disability. However, those matters were brought outside the primary limitation period, were not saved by a just and equitable extension, and so no remedy could be awarded. Other harassment allegations, the grievance delay complaint, the direct disability discrimination complaints, and the victimisation claim failed on the merits.

On dismissal, the tribunal held that the reason was some other substantial reason: Here East repeatedly refused to permit the claimant's return to site and no suitable alternative role was identified despite a lengthy search and consultation. The respondent had asked the client to reconsider, explored vacancies, and offered a zero-hours relief role which the claimant declined. The tribunal concluded that dismissal fell within the band of reasonable responses and was not unfair.

The complaints of unauthorised deduction of wages and accrued holiday pay were dismissed on withdrawal.