Ms S Shaheen v Home Office — 2025

The claimant brought complaints of disability discrimination, victimisation and harassment against the Home Office. The respondent accepted that the claimant was disabled by depression and anxiety, chronic lower back pain, repetitive strain injury and melanocytoma, but did not accept that right foot pain was a disability. The tribunal considered issues including desk arrangements, workload, annualised hours and TOIL, detainee-facing duties, investigations, development opportunities, disability leave, and delays in a grievance process.

On indirect discrimination and reasonable adjustments, the tribunal found that the clear desk policy could disadvantage the claimant but was a proportionate means of achieving a legitimate aim, and that the respondent had not removed agreed adjustments in the way alleged. It found that the annualised hours and TOIL issue arose from the claimant's benefits position rather than disability, and that adjustments concerning mobility and detainee interviews had been implemented pending occupational health clarification. The tribunal accepted evidence that the listed adjustments, except the TOIL request, had been implemented.

On victimisation, the tribunal accepted that the claimant had carried out protected acts, including earlier tribunal claims, grievances and emails raising Equality Act concerns. It found, however, that the respondent's actions were not because of those protected acts. It accepted explanations including operational reasons, handling of complaints or investigations, and concern for the claimant's welfare when placing her on disability leave.

On harassment and direct disability discrimination, the tribunal considered each alleged incident and found the claims not made out. It found that some events did not occur as alleged, some had non-discriminatory explanations, and some did not amount to conduct with the purpose or effect required for harassment. For direct discrimination, the tribunal found no less favourable treatment because of disability, and in some instances no suitable comparator or no detriment.