Mr James Eyles v Ministry of Defence — 2023

The Tribunal found that the claimant was disabled under section 6 Equality Act 2010 by reason of PTSD, depression, anxiety and paranoia from 3 December 2021. The respondent had accepted disability and knowledge for those mental impairments from that date, and had accepted disability and knowledge from the start of employment for chronic inflammatory bowel disease and dumping syndrome. The Tribunal found that the respondent's managers did not know the nature and extent of the claimant's mental impairments before December 2021.

Several factual allegations were found not to have happened as alleged or at all, including allegations that Mr Roberts threatened police action, that the claimant was demoted or restricted to menial duties, that staff were told he was a risk, and that particular advice or concerns were dismissed in the way alleged. Where events were found to have occurred, including the removal of the Sennelager team, comments by Mr Roberts, sickness absence review letters, the non-extension of the claimant's tour, and recruitment decisions, the Tribunal found operational, policy, medical supportability, or other non-discriminatory explanations.

The Tribunal concluded that the direct disability discrimination, harassment related to disability, section 15 discrimination, reasonable adjustments, and victimisation complaints were not well-founded. For the reasonable adjustments complaint, it found no relevant disadvantage from working in the office in January 2023 because Mr Roberts was absent and the claimant had not requested the asserted adjustment. For victimisation, it found the February 2022 Employment Tribunal proceedings were a protected act, but the pleaded detriments were not because of that protected act.