Miss T Surridge v St Michael’s Care Home — 2020

The claimant, Miss T Surridge, worked for St Michael’s Care Home from 17 July 2017 until her dismissal on 28 June 2018. The tribunal found that she had a disability by reason of arthritis throughout her employment, that fibromyalgia became a disability from 21 May 2018, and that depression/anxiety became a disability from 1 May 2018. It held that the respondent had knowledge, or constructive knowledge, of the arthritis from August 2017 and of depression/anxiety from 1 May 2018, but not of fibromyalgia during the employment.

Although the claimant said her dismissal was unfair, the tribunal allowed her to rely on the dismissal as an act of discrimination arising from disability and dealt with it under section 15 of the Equality Act 2010. The claim for reasonable adjustments failed because the tribunal found that she had not proved that the requirement to do some housekeeping work, or the later inclusion of breakfast/housekeeping shifts on the rota, put her at a substantial disadvantage arising from disability. It accepted that the Convent shifts were light duties and found that lighter duties or a stress risk assessment would not have removed the disadvantage relied upon.

The direct discrimination claim failed because the tribunal found that, at the relevant time, the respondent did not know and could not reasonably have known that the claimant had fibromyalgia or a mental health disability. It also found, on the facts, that Ms Moulton and Ms Barton did respond to the claimant's concerns about night driving and working hours, so the claimant had not proved less favourable treatment because of disability.

The tribunal rejected the allegation that the claimant had been subjected to hostility or silent treatment amounting to unfavourable treatment arising from disability. It found that the relationship with Ms Moulton had cooled because of workload, rota changes and practical difficulties, not because of disability, and it did not accept that the claimant had proved that difficulty driving at night arose in consequence of fibromyalgia. The dismissal was found to be a capability dismissal after prolonged sickness absence, occupational health input and medical review, and the tribunal held that, in a small care home with limited resources and no realistic prospect of an early return, dismissal was a proportionate means of achieving legitimate aims. All claims were dismissed and no monetary award was made.