Case 3313724/2022 · Employment Tribunal
In person For the first to third v Respondent — 2025
- Case reference
- 3313724/2022
- Decision date
- 18 August 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hyams Members
- Panel members
- Mrs J Costley, Mr L Hoey
Parties
1 namedClaimant
In person For the first to third
Respondent
- —
Key findings
Tribunal's reasoningOn the reasonable adjustments claim, the tribunal accepted that the claimant was disabled with PTSD, anxiety and depression throughout her employment. It found that her GP fit notes recommending working from home were advisory only, that the respondent's move to have work coaches return to the office from spring 2022 was not itself a breach of the Equality Act 2010, and that it was reasonable to invite the claimant to the step 2 meeting on 8 July 2022. It rejected the contention that the claimant should have been allowed to work from home indefinitely without any process.
On the victimisation claim, the tribunal found that the 11 May 2022 discussion about the claimant's workload was driven by staffing shortages and the need to reallocate diary capacity across the cluster, not by the claimant's December 2021 grievance. Applying section 136 EqA 2010 and Efobi, it found no facts from which an inference of retaliatory treatment could properly be drawn, and it accepted on the balance of probabilities that the grievance played no part.
On the harassment claim arising from the 5 August 2022 all-staff meeting, the tribunal found that a comment was made about the claimant being able to make money from her smooth or husky voice, but it was not satisfied that anyone expressly referred to her as a sex worker. It criticised the later grievance investigation as materially flawed, particularly the use of leading questions, and concluded that the apparent sex-worker recollection in two witnesses had been implanted after the matter was discussed internally. Even on the factual findings it made, the tribunal held that the jokey comment did not amount to harassment under section 26 EqA 2010. All claims were dismissed.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Failure to make reasonable adjustments under sections 20 and 21 EqA 2010; the claimant was accepted as disabled with PTSD, anxiety and depression, but the tribunal held the respondent was not obliged on these facts to allow indefinite home working or to refrain from the return-to-office and step 2 process. | Dismissed | Disability | — |
| Harassment | Pleadings and issues referred to disability and/or sex. The tribunal found a comment was made about making money from the claimant's voice, but not that anyone expressly said 'sex worker'; it held that even on the facts found, the comment did not amount to harassment under section 26 EqA 2010. | Dismissed | — | — |
| Victimisation | The alleged protected act was a December 2021 grievance about disability-related harassment. The tribunal found the 11 May 2022 workload discussion was driven by staffing and diary-capacity issues, not by the grievance. | Dismissed | — | — |
Legal tests applied
14 references- s.20 and s.21 EqA 2010
- s.26 EqA 2010
- s.27 EqA 2010
- s.136 EqA 2010
- Richmond Pharmacology v Dhaliwal
- Land Registry v Grant
- Betsi Cadwaladr University Health Board v Hughes
- Smith v Churchill Stairlifts plc
- Griffiths v Secretary of State for Work and Pensions
- Efobi v Royal Mail Group Ltd
- Shamoon v Chief Constable of the Royal Ulster Constabulary
- Gestmin SGPS SA v Credit Suisse (UK) Ltd
- Hensman v Ministry of Defence
- Hardy and Hansons Plc v Lax
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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