Member Ms E Farrell Tribunal Member Mr J McCaig Mr J P Westcott v Greater Glasgow Health Board — 2025

The claimant, who is autistic, worked as a porter at Queen Elizabeth University Hospital. The respondent accepted that his autism was a disability. The tribunal extended time on a just and equitable basis for earlier Equality Act complaints and determined all complaints on their merits.

On reasonable adjustments, the tribunal accepted that a requirement to avoid conduct breaching the disciplinary policy was a PCP and placed the claimant at a substantial disadvantage. It found, however, that the respondent had taken or offered appropriate support measures, including use of radios where operationally feasible, adjusted working patterns, mentoring and meetings, and that the further adjustments alleged were either not reasonable or would not have removed the relevant disadvantage.

The harassment and discrimination arising from disability complaints were dismissed after the tribunal considered the individual incidents relied on. It found some incidents involved treatment the claimant found unwanted or unfair, but the necessary connection with his autism or neurodivergent behaviour was not established. In relation to the disciplinary process and dismissal, the tribunal found the process was prompted by the 27 September 2022 incident with SCN Campbell and not by conduct arising from disability.

The victimisation complaint was dismissed. The tribunal accepted that the grievance referring to disability and the Equality Act, and the later indication of intended ACAS proceedings, were protected acts. It found that the respondent's handling of the grievance, the final written warning, the appeal outcome and later correspondence were not because of those protected acts.

For unfair dismissal, the tribunal found the respondent genuinely believed the claimant had committed misconduct in the 27 September 2022 incident, had reasonable grounds for that belief, and had carried out a reasonable investigation. It held that dismissal fell within the band of reasonable responses, particularly after the claimant declined alternative roles following the finding of gross misconduct.