Members M McAllister Tribunal Member E Farrell Mrs M-E Cross v Glasgow City Council — 2023

The claimant brought Equality Act 2010 complaints relying on disability. The respondent accepted that she was disabled. The Tribunal found that the respondent's witnesses were credible and reliable, and preferred their evidence where it conflicted with the claimant's evidence.

The direct discrimination and harassment complaints concerned alleged pressure to work through breaks or late, an alleged comment that the respondent would not have hired the claimant if it knew about her disabilities, and an allegation that Yvonne Rice did not take her complaints seriously. The Tribunal found no evidence that requests for additional visits were because of or related to disability, accepted Pauline McGill's evidence that the alleged hiring comment was not made, and found insufficient evidence linking Yvonne Rice's conduct to disability.

For victimisation, the Tribunal treated a statement made on 4 December 2023 about ADHD medication and breaks as capable of being a protected act, but found earlier alleged detriments could not have been caused by it and accepted the respondent's explanations for later events. The constructive dismissal claim under the Equality Act was also dismissed because the underlying discrimination and victimisation complaints failed, and the Tribunal found no fundamental breach of contract.