Mr C Pinnegar v London Underground Limited — 2021

The claimant was a Train Maintainer who had sustained a right arm and shoulder injury at work. The respondent accepted he was disabled within the meaning of section 6 Equality Act 2010. Occupational Health had identified continuing restrictions, and the respondent initially put in place a phased return to work with risk assessment, which the tribunal found was a reasonable adjustment.

The tribunal found that the Occupational Health report of 8 October 2019 did not materially change the earlier position. It found that ending the phased return halfway through and moving the claimant to redeployment was premature and unreasonable, because the intended reviews and further risk assessments had not been completed. The tribunal concluded that the claimant should have been allowed to complete the agreed return to work programme and undergo a final risk assessment before any decision on redeployment.

For section 15, the tribunal found that commencing redeployment, threatening dismissal if redeployment was not accepted, and offering the CSA2 role were unfavourable treatment because of matters arising from the claimant's disability, namely his inability to carry out all Train Maintainer duties and the Occupational Health restrictions. The respondent's aims of employee welfare, efficient service, and employing individuals able to carry out the majority of their role were legitimate, but placing the claimant on redeployment halfway through the phased return was not proportionate.