Ms Anca Lacatus v Barclays Execution Services Ltd and 2 others — 2021

The Claimant, an Analyst in Barclays' ROST IB MO team from 8 June 2016 until her dismissal effective 13 April 2020, brought a wide range of claims arising from her engagement, her health (including endometriosis and deterioration in mental health) and her later redundancy. The Tribunal, chaired by Employment Judge Crosfill with lay members Ms G Forrest and Dr L Rylah, heard the matter remotely over twelve hearing days in January and February 2021 with chambers days in February and March 2021.

The Tribunal upheld two claims. It found that Barclays failed to make reasonable adjustments to the Claimant's hours of work, having had sufficient constructive knowledge of her disability (endometriosis) and the disadvantage caused by long hours from around 1 October 2017, and that it would have been reasonable to act within a month. It also found that the Second Respondent's use of the expression 'birds' in the workplace was direct sex discrimination for which the First Respondent was also liable. In both instances the Tribunal extended time on just and equitable grounds, noting the Claimant's junior position and the ongoing nature of the long-hours difficulties.

All other Equality Act claims (further allegations of direct discrimination on grounds of disability, sex and race, discrimination arising from disability under s.15, other reasonable adjustments allegations, and victimisation under s.27) failed. The unfair dismissal claim under Part X ERA 1996, arising from a redundancy displacement exercise, was found not well founded and dismissed, as were the breach of contract and unlawful deduction from wages claims. Remedy in respect of the two successful claims was reserved to a separate hearing.