Case 4102702/2012 · Employment Tribunal
M Porter Members: Mr G Nisbet Ms S Stewart Professor R Sheikholeslami v Represented by:20 Mr Simon Gorton QC The University of Edinburgh — 2017
- Case reference
- 4102702/2012
- Decision date
- 16 March 2017
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ms Jane
- Venue
- Edinburgh
- Panel members
- Mr G Nisbet, Ms S Stewart
Parties
2 namedClaimant
M Porter Members: Mr G Nisbet Ms S Stewart Professor R Sheikholeslami
Key findings
Tribunal's reasoningProfessor R Sheikholeslami was employed as Chair of Chemical Process Engineering from May 2007 until April 2012. The case concerned disputes over the delayed provision of her laboratory, later decisions about laboratory space and PhD supervision, and the respondent's decision to terminate her employment when her work permit was due to expire. The tribunal found that she had a mental impairment, namely anxiety and depression, from January 2010, and that the respondent knew or should have known that she was disabled by 14 April 2010.
The sex discrimination claim was dismissed. Applying section 13 Equality Act 2010 and the comparator and reason-why authorities cited in the judgment, the tribunal held that the treatment complained of arose from a mismatch of expectations and communication within the School of Engineering, together with differences of culture and experience of UK academia, and not from the claimant's sex.
The reasonable adjustments claim was also dismissed. The tribunal accepted that the respondent applied a PCP requiring the claimant to attend work at the School of Engineering, but it was not satisfied that the claimant proved a substantial disadvantage caused by disability, or the adjustments said to be reasonable. The section 15 claim for discrimination arising from disability was dismissed for similar causation reasons: the tribunal did not find that the laboratory reallocation, replacement supervision arrangements, work-permit correspondence, or dismissal arose in consequence of disability.