Mrs E. Falade v Department for Work and Pensions — 2018

The Tribunal found that the Claimant's susceptibility to headaches amounted to a disability under s.6 Equality Act 2010. The Respondent had accepted disability in relation to chronic chest pain, deafness in one ear, arthritis in her hands and lower back pain, and the Tribunal found that the headaches had a substantial, adverse and long-term effect, including because bright lighting exacerbated them.

Most claims concerning events before 1 March 2018 were dismissed as out of time. The Tribunal rejected the submission that the acts formed conduct extending over a period and found it was not just and equitable to extend time for those historic claims, having regard to the length of delay, the explanation for delay, the Claimant's access to advice, and prejudice to the Respondent. It reached a different conclusion on the reasonable adjustments claims about lighting and equipment, where the Respondent had repeatedly led the Claimant to believe adjustments would be made and the evidence about what happened was largely documentary.

The reasonable adjustments claims about the lighting above the Claimant's desk and the provision of a lumbar support chair, keyboard and mouse succeeded. The Tribunal found a collective failure over nearly two years to address straightforward adjustments requested by the Claimant and recommended by occupational health. It accepted that bright lighting caused headaches and affected concentration, that the chair aggravated her back condition, and that the keyboard and mouse aggravated pain and discomfort in her hands.

The remaining in-time claims were dismissed. The Tribunal found that the Respondent did not require the Claimant to do full-time telephone duties and instead followed occupational health advice, later removing her from phone duties altogether. It also found that raising ill-health retirement on 22 March 2018 was not asking the Claimant to take it and was not unfavourable treatment, and that her sick pay was not stopped from 26 May 2018; even if the issue was treated as a proposal to stop pay, the Tribunal found it justified.