In person For the v Respondent — 2025

The claimant was employed as an Operational Support Officer at HMP Bure and brought claims for disability discrimination and notice pay. The respondent accepted that she was disabled by reason of Autism, Dyspraxia, Depression and Anxiety. The tribunal recorded that her absence was caused by her Autism, anxiety and depression, and that the FARM process and dismissal were unfavourable treatment arising from disability.

The tribunal found that the respondent relied on legitimate aims of maintaining acceptable staffing and ensuring the safety of prison staff, prisoners and the wider public. On the information available to the decision maker at the time, including the absence of the 14 August 2023 Occupational Health report, the tribunal found that holding the FARM and dismissing the claimant were proportionate means of achieving those aims, so the disability discrimination claim failed.

For the notice pay claim, the tribunal found that the Employment Rights Act notice provisions did not apply to Crown employees and that the claim had to be founded on contract. Although the contract provided for five weeks' pay in lieu of notice, the tribunal found that the claimant would have continued to be absent due to ill health during the notice period and would not have received pay, so the breach of contract claim also failed.