Ms Gemma Farquharson v Milton Keynes College — 2025

The tribunal found that Ms Gemma Farquharson was disabled by reason of brain tumours and their effects, including epilepsy, memory loss, unilateral hearing loss and a dystonic tremor. It accepted that Milton Keynes College knew of her condition by October 2019 and knew by February 2022 that she was planning brain surgery and chemotherapy. It also found that she was an occasional worker under the January 2020 agreement, which stated the College had no obligation to offer work and that hours depended on business need.

The main dispute concerned events in late April and early May 2022. The tribunal found that the Claimant was offered work after 29 April 2022 on four occasions, including an email on 8 May 2022, an offer on 13 July 2022, an offer of a permanent English teaching role on 23 August 2022, and another offer on 1 September 2022. It accepted the Respondent's evidence that a reorganisation of the English and Maths department was under way and that no occasional worker continued in the English department once that reorganisation was implemented.

On the alleged 3 May 2022 phone call, the tribunal did not accept the Claimant's account that Ms Wilson said it would not be viable for her to work at the College if she was to have radiotherapy and chemotherapy. It found the Claimant's versions of the conversation inconsistent, noted that she had not made a contemporaneous note, and concluded that Ms Wilson did not use those words. The tribunal also found that the Respondent had continued to offer work after learning of the Claimant's planned chemotherapy and that the Claimant had not asked for a phased return to work.

For those reasons, the tribunal dismissed the direct disability discrimination claim, the discrimination arising from disability claim, and the harassment related to disability claim. It made no award of compensation or other remedy.