Member J Burnett Tribunal Member H Boyd X v Represented by: Mr C Edward - Counsel & Mr G Bathgate -15 Instructing Solicitor Scottish Police Authority — 2021

The claimant, employed by the Scottish Police Authority since 2014, was diagnosed as autistic in May 2017 and told his line manager, Jude Helliker, in July 2017 on a confidential basis. The tribunal found that after disclosure the respondent agreed flexible working, home working subject to diary commitments, a compressed four-day week, and later redesigned the claimant's role from 5 February 2018 so that some responsibilities were removed and his work was more structured. It also found that the respondent arranged autism awareness training, occupational health input, a workplace assessment through Concept Northern, and assistive technology including Brain in Hand and Texthelp software.

On the reasonable adjustments claim, the tribunal rejected the claimant's asserted PCPs: requiring senior staff to work in the office, using only neurotypical communication, requiring attendance at Tulliallan, and failing to offer support. It found that the claimant had in practice been allowed to work from home when necessary and practical, to dial into meetings, to use his own office at Dalmarnock, and to have some meetings moved to Dalmarnock or delegated where appropriate. The tribunal also held that the lack of a formal autism advocate did not amount to a failure to make reasonable adjustments on the facts found, particularly given the claimant's initial wish to keep his diagnosis confidential and the steps already taken by the respondent.

For the section 15 claim, the tribunal accepted that the 11 May 2018 fit note, which referred to sedation and said it was unsafe to drive, arose in consequence of disability because the claimant's sleep disruption and anxiety were sufficiently connected to his autism. It did not accept, however, that Nicky Page treated the claimant unfavourably on 16 May 2018. The tribunal preferred her evidence that she raised urgent welfare concerns in private, sought to protect the claimant and other road users, and did not act aggressively or confrontationally. It held that, if the treatment was unfavourable, it was nevertheless a proportionate means of achieving the legitimate aim of preventing the claimant from driving while medically advised it was unsafe.

On harassment, the tribunal held that the conduct complained of was related to disability only to the extent that it arose from the fit note, but it did not have the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. The tribunal found that the claimant had a generally supportive working relationship with Jude Helliker and Nicky Page, and that their actions on 16 May 2018 were motivated by welfare concerns. All claims were dismissed and no monetary award was made.