Ms A Newman v London Borough of Waltham Forest — 2022

The claimant, who had a spinal condition accepted as a disability, was moved from a call centre role into work in libraries following a reorganisation. The tribunal found that some concerns about her placement and workplace arrangements were not made out, but that the respondent failed to provide her with the adapted chair, keyboard and mouse that had previously assisted her when doing seated computer work. It held that providing those items would have been a reasonable adjustment.

The tribunal dismissed the unfair dismissal claim. It found that the respondent dismissed the claimant for conduct after an incident on 20 May 2019, taking account of a live final written warning. Although the tribunal had criticisms of aspects of the investigation and would not itself have accepted every finding made by the respondent, it held that the respondent had reasonable grounds for its conclusions and that dismissal was within the range of reasonable responses for unfair dismissal purposes.

The disability discrimination arising from disability claim succeeded in respect of dismissal. The tribunal found that the claimant's conduct on 20 May 2019 arose in consequence of her disability, including back pain, sensitivity to being touched near her back, and concerns connected with workplace changes and adjustments. It accepted that maintaining standards of public-facing service was a legitimate aim, but held that dismissal was not a proportionate means of achieving that aim; a lesser measure such as a further final written warning and training would have sufficed.

The tribunal dismissed the section 15 claims relating to the final written warnings for the Christmas tree incident and sickness absence, finding that each warning was unfavourable treatment connected with disability-related matters but was justified. It also dismissed the holiday pay claim, holding that the claimant had no contractual right to retrospectively treat annual leave as compassionate leave.