Miss Banton For the v Mr Adjei — 2019

The claimant, a nurse with hearing loss accepted as a disability under the Equality Act 2010, worked in an open-plan office from August 2015. The tribunal found that the agreed desk position was not achieved because the intended wall-side area was occupied, leaving her by cabinets and a printer in a noisy environment. It accepted that the 2015 Access to Work recommendations for an acoustic survey and deaf awareness training were not implemented, but also found that when she moved to her own office in March 2016 she agreed to that arrangement as a short-term solution and later said she was comfortable with the desk location in the new building.

The reasonable adjustments claim and the section 15 discrimination arising from disability claim were both found to be out of time. For the sections 20 and 21 claim, the tribunal held that time started to run by March 2016 and the claim lodged on 14 May 2018 was almost two years late; it refused to extend time on a just and equitable basis under section 123(1) EqA 2010. For the section 15 claim, the last relied-on act was 19 September 2017 and the claim was about eight months late; the tribunal again declined to extend time, noting the grievance process and union involvement during the delay, and it found no continuing course of conduct.

On the constructive dismissal claim under section 95(1)(c) ERA 1996, the tribunal accepted that the noisy open-plan environment had a severe effect on the claimant and that the respondent should have done more to progress the Access to Work recommendations. However, it found no excessive scrutiny or intimidation by NP or AB, no promise that a HR investigation would be carried out, and no breach of the implied term of trust and confidence. Applying the last straw authorities in Kaur and Omilaju, the tribunal held that the 19 September 2017 meeting was only postponed for reasonable reasons, the rescheduled meeting meant the respondent was addressing her concerns, and the claimant did not resign in response to a qualifying last straw. All claims therefore failed and no award was made.