Case 3313847/2021 · Employment Tribunal
Ms Polly Cobb v Norfolk County Council — 2026
- Case reference
- 3313847/2021
- Decision date
- 22 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hutchings Tribunal
- Venue
- Bury St Edmunds
- Panel members
- J. Hartland, S. Williams
Parties
2 namedClaimant
Ms Polly Cobb
Respondent
Key findings
Tribunal's reasoningThe tribunal accepted that Ms Cobb had the disability of depression and anxiety and that Norfolk County Council knew of it at all material times. Although allegations predating 15 February 2021 were presented outside the primary time limit, the tribunal considered it just and equitable to extend time. It found no conduct extending over a period because the alleged events either did not occur as alleged or were not discriminatory, and the recruitment exercises involved different roles and decision-makers.
The direct disability discrimination complaint concerned the ending of Ms Cobb's Integrated Care Programme Manager contract. The tribunal found that this was a fixed-term contract, initially ending on 31 May 2020 and subsequently extended in writing to 26 June and 31 August 2020. It rejected the contention that an ongoing extension had been agreed and found that the contract was not terminated in July 2020. Informing Ms Cobb that it would end after the second extension was not less favourable treatment, and she had not established the required connection between her disability and the ending of the contract. The tribunal found that the relevant decisions arose from HR advice, the review of the role and the provision of an eight-week redeployment period, rather than from her disability.
For the reasonable-adjustments complaint, the Council accepted practices involving preset interview dates and requiring or expecting candidates to participate in interviews. The tribunal found no evidence that the Council knew or could reasonably have been expected to know that these practices would place Ms Cobb at the claimed substantial disadvantage. For the Senior Commissioning Manager role, she had stated that she required no adaptations, applied while absent through sickness, prepared a presentation and attended the interview. For the permanent Integrated Care Programme Manager role, she selected the interview time and was told that she could take a break. For the Learning Disabilities Commissioning Manager role, the Council could not reasonably have known when the date was set that the invitation would cause distress or sickness absence, and Ms Cobb did not attend the interview. The tribunal therefore dismissed the reasonable-adjustments complaint.
The tribunal found that the grievance dated 5 August 2020 was not a protected act because it concerned the ending of the fixed-term contract, suitable alternative employment and redundancy without alleging facts capable of amounting to discrimination. It accepted that the grievance dated 30 March 2021, which alleged indirect discrimination and failures to make reasonable adjustments, was a protected act. The tribunal nevertheless dismissed the victimisation complaint because the alleged detriments either had not occurred, were not detriments, or were not because of a protected act. In particular, the June 2021 posts were restricted to internal candidates after Ms Cobb's employment had ended, and the evidence did not connect the recruitment of consultants to a protected act.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Direct disability discrimination under section 13 Equality Act 2010; not well founded and dismissed. | Dismissed | Disability | — |
| Disability discrimination | Failure to make reasonable adjustments under sections 20 and 21 Equality Act 2010; not well founded and dismissed. | Dismissed | Disability | — |
| Victimisation | Victimisation under section 27 Equality Act 2010; not well founded and dismissed. | Dismissed | — | — |
| Disability discrimination | Indirect disability discrimination under section 19 Equality Act 2010; dismissed following withdrawal by the claimant. | Withdrawn | Disability | — |
| Redundancy | Claim for a statutory redundancy payment; not well founded and dismissed. | Dismissed | — | — |
Legal tests applied
12 references- Section 123 Equality Act 2010 time limits and just and equitable extension
- Hendricks v Commissioner of Police for the Metropolis continuing-act test
- Section 13 Equality Act 2010 direct discrimination test
- Shamoon comparator test
- Madarassy v Nomura International plc 'something more' test
- Sections 20 and 21 Equality Act 2010 reasonable-adjustments duty
- Project Management Institute v Latif burden-of-proof test
- Thompson v Vale of Glamorgan Council reasonable-adjustments principles
- Section 27 Equality Act 2010 victimisation 'reason why' test
- Section 136 Equality Act 2010 burden of proof
- Igen v Wong burden-of-proof approach
- Sections 135, 138 and 164 Employment Rights Act 1996 redundancy-payment provisions
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.