Mr Jones, Counsel For the v Respondent — 2024

The Claimant worked as SENCO Lead with elements of Deputy Head Support at Acorn Park School from 24 August 2020 until her resignation in February 2023. The Respondent accepted that she was disabled during the material period by reason of ADHD, Dyslexia, Depression, Adenomyosis and menopause symptoms, and accepted knowledge of ADHD and Dyslexia throughout, with later knowledge of the other conditions. The Tribunal heard evidence over four days in September 2024 and considered a grievance outcome dated 3 February 2023, which upheld only the delay in arranging Occupational Health in October/November 2022.

The section 15 discrimination arising from disability claim was dismissed. The Tribunal found no persuasive basis for the alleged unfavourable treatment said to arise from disability. It held that the school did arrange Occupational Health once the matter was pursued in October 2022, that the decision not to have the Claimant work from home when she was too unwell was a health-and-safety and management response rather than disability-related unfavourable treatment, and that there was support in place through software, administrative assistance and, on occasion, proof-reading support. The criticism of the September 2022 email and the concerns raised about performance were treated as responses to the quality of the communication and to staff concerns, not treatment because of something arising from disability.

The reasonable adjustments claim under section 20 was also dismissed. The Tribunal rejected the suggestion that the Respondent had a practice of not arranging Occupational Health assessments, finding instead that referrals were made and that the Claimant was assessed in November 2022, followed by a workplace risk assessment and phased return. It also found no PCP removing a right to work from home, no removal of auxiliary aids, and no failure to make reasonable adjustments in relation to the Claimant's return to work. The constructive dismissal claim failed because the matters relied on, whether considered individually or together, did not amount to a fundamental breach of contract or a repudiatory breach of the implied term of trust and confidence. The Tribunal relied on the long delay before resignation as part of its conclusion that the claim was not well founded, and it recorded that the grievance had been handled by an independent investigator, Hannah Fletcher.