P. v Yorkshire Ambulance Service NHS Trust — 2024

The claimant was employed as an Emergency Medical Dispatcher and had serious, long-term medical conditions which the respondent accepted amounted to disability. The tribunal dealt first with limitation, found that the complaints were not part of a continuing course of conduct, and refused to extend time on the just and equitable basis. It also noted that some earlier allegations had already been struck out when the claimant did not pay the ordered deposit.

On the section 15 claim, the tribunal found that the refusal of the enhanced emergency medical dispatcher role in October 2022 was not because of the claimant’s part-time hours or disability-related matters. It accepted the respondent’s evidence that the claimant had not been taking emergency calls and was not viewed as sufficiently confident or competent for the role. That claim failed on the merits and was also held to be out of time.

On reasonable adjustments, the tribunal accepted that the respondent had a practice of arranging rest breaks for EMD staff and that the claimant was given adjusted breaks. It found no evidence that he was prevented from taking breaks or put at a substantial disadvantage by the system used. The tribunal therefore rejected the section 20 and 21 complaint, and again found it was substantially out of time.

The harassment allegations about queries over breaks, uniform, and comments by managers were not upheld. The tribunal found that the conduct proved did not amount to unwanted conduct with the purpose or effect required by section 26, and several allegations were not proved as described. The victimisation complaint was also dismissed: the tribunal held that the monitoring, the communications plan, the IT-related meeting, and the paid leave decision were management responses to operational and grievance issues, not detriments imposed because the claimant had brought tribunal proceedings.