Member Mr P O’Hagan Tribunal Member Mr S Singh Mr Craig Alexander v Royal Mail Group Limited — 2023

The tribunal accepted that the claimant was disabled by reason of spinal injuries and that his Engineering Team Coach role was substantially hands-on. It found that the late shift maintenance team had no spare capacity, that many tasks required bending, crouching, lifting, pushing, pulling or working in restricted postures, and that occupational health evidence showed permanent restrictions affecting those activities.

The reasonable adjustments claim failed because the tribunal found that reallocating or sharing a large proportion of the claimant's duties, breaking down loads, or adding staffing would not have been reasonable in the circumstances. It found that relevant auxiliary aids were already available. The direct disability discrimination claim failed because the tribunal found that the treatment was not because of disability itself, and the section 15 and indirect disability discrimination claims failed because dismissal and the relevant physical requirements were found to be proportionate means of achieving legitimate aims.

The harassment and victimisation claims were dismissed. The tribunal found that the email and meetings relied on did not have the prohibited purpose or effect, were not shown to be related to disability, and were not shown to have been because of protected acts. The unlawful deduction from wages claim succeeded only in relation to paid breaks: the tribunal found that the claimant should have been paid for an additional 2.5 hours per week over 45 weeks, totalling £3,234.38 gross, while the separate shift allowance allegation failed.