Member N Elliot Tribunal Member T Lithgow Mrs K Logan v Represented by Ms A Buchanan - Solicitor Western Isles Citizens Advice Service — 2020

The claimant, Mrs K Logan, worked for Western Isles Citizens Advice Service as a Pension Wise Guidance Specialist. She was accepted to be disabled because of thyroid cancer in remission and the fatigue and concentration difficulties associated with her hormone treatment. She asked in September 2018 to work from home on the three telephone-appointment days each week. After meetings on 24 and 31 October 2018, and a short-lived trial in February 2019, the respondent did not put a homeworking arrangement in place before her employment ended on 31 March 2019. The tribunal preferred the claimant's evidence on disputed issues and found Mr Nicolson reliable, but found Mr Blaney and Mr Hankinson less reliable on detail.

On the reasonable-adjustments complaint, the tribunal held that the requirement to work in the office was a provision, criterion or practice that placed the claimant at a substantial disadvantage because her disability-related fatigue made the telephone days particularly tiring and affected concentration. It found that working from home would have reduced that disadvantage by allowing her to pace herself, rest at lunchtime, and avoid the morning rush, and that the respondent's concerns about staffing, confidentiality, and health and safety did not make the adjustment unreasonable on the facts found. The tribunal held that the respondent breached the duty to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010. It also accepted that the claimant resigned because of the failure to make reasonable adjustments and that, had the adjustment been made, she would more likely than not have stayed on.

The separate complaint about not being shortlisted for the strategic manager vacancy failed. The tribunal accepted that Mr Blaney and Ms Nash shortlisted for the post and that the successful candidate was better qualified, and it found there were insufficient secondary facts to shift the burden of proof on either direct discrimination or discrimination arising from disability. It also held that any complaint about the shortlist was out of time and declined to extend time on a just and equitable basis.

For remedy, the tribunal accepted that the claimant had delayed starting her part-time job with her brother until 7 May 2019, so she did not recover all of her losses for the first month after termination. It awarded past loss of earnings, pension loss, £4,000 for injury to feelings, and interest, with a total award of £8,330.84. It placed injury to feelings in the middle of the lower Vento band and treated the reasonable-adjustments breach as continuing until the employment ended.