Mr D Brown, Counsel For the v Respondent — 2022

The Tribunal upheld parts of the Claimant's disability discrimination claim. It found that the Respondent failed to comply with the duty to make reasonable adjustments in relation to the first requirement in section 20(3) of the Equality Act 2010, and that it discriminated against the Claimant because of something arising in consequence of disability in relation to facilitating a sustainable return to work, inviting her to a final formal meeting where termination was identified as a possible outcome, moving her to nil pay, and deciding not to reinstate or extend sick pay.

The Tribunal also upheld specified allegations of harassment and victimisation. The successful harassment allegations concerned the final formal meeting invitation, a letter stating that the Claimant had not engaged with the Respondent about her sickness absence, and a statement during a telephone call that making tea on the station was not an option. The successful victimisation allegations concerned the decision not to allow Mr Roberts to continue managing the Claimant's absence and planned return, and the decision not to reinstate or extend sick pay.

The remaining Equality Act complaints and the unlawful deduction from wages complaint were dismissed. The Tribunal extended time on just and equitable grounds for Claims H and I, and stated that the case would be listed separately for a remedy hearing.