Claimant v Ministry of Defence — 2021

The claimant was employed by the Ministry of Defence as a welfare adviser from August 2016 until her transfer to another MOD post around 12 August 2019. The respondent conceded that both the claimant and her sister were disabled for the purposes of the Equality Act 2010. The claims before the Tribunal were direct associative disability discrimination, discrimination arising from disability, and disability-related harassment.

The Tribunal found that difficulties developed in the working relationship after the claimant raised grievances and after issues arose about contact during sickness absence, flexitime, and arrangements connected with caring for her sister. It found that the respondent had sought to manage the claimant's working hours and flexitime debit, including by offering a sixteen-week period to reduce the debit, and that there was no basis for the claimant's concern that the offer would be withdrawn.

The Tribunal found no less favourable treatment because of the claimant's sister's disability and no evidence that the claimant had been treated unfavourably because of something arising from her own disability. It also did not accept that the claimant had been called a derogatory term by her line manager, and found no unwanted conduct related to disability. The unanimous judgment was that the claims were dismissed.