Mr. M.Carruthers v 1) Transport for London 2) Emma Norman — 2023

The Tribunal found that the claimant was disabled by Long COVID and Meniere's disease, that some other impairments were admitted cumulatively or considered in relation to knowledge, and that stress and anxiety amounted to a mental impairment from about 23 June 2023. It found that the respondents did not have the required knowledge of some relied-upon impairments at the relevant times, including stress and anxiety when the dismissal decision was made.

The Tribunal found that extending the claimant's probation period was not unfavourable treatment and was not caused by sickness absence or special leave, but by concerns about performance and to give him an opportunity to pass probation. It accepted that dismissal was unfavourable treatment, but found that the decision was not caused by Long COVID or Meniere's-related absence, and that dismissal was a proportionate means of achieving the first respondent's legitimate aim of having a competent project manager in post.

On reasonable adjustments, the Tribunal found that the respondents followed Occupational Health advice and that no other reasonable adjustment could have been made. It also found that the protected acts did not cause the dismissal, that the alleged harassment conduct either did not occur as alleged or did not reasonably have the proscribed effect, and that the alleged PCPs for indirect discrimination were not proved.