Tribunal Member Ijaz Ashraf Tribunal Member Donald Frew Mr Paul McMenamin v Renfrewshire Council — 2024

The claimant, a primary teacher with Retinitis Pigmentosa, complained that the respondents failed to make reasonable adjustments, discriminated against him because of disability, and constructively dismissed him. The respondents accepted that he was disabled and knew of his condition. The Tribunal found that he was required to teach class sizes of up to 33 pupils, but that no full-time small group learning role existed within core staffing and it would not have been reasonable to create one solely for him.

On assistive equipment, the Tribunal found that equipment had been ordered and some had been delivered before the new school term, but it had not all been installed when the claimant returned. The Tribunal found the respondents did not know, and could not reasonably have been expected to know on the information available, that installation would cause the claimant the substantial disadvantage claimed. It also found the claimant did not tell the respondents that the equipment not being set up was a barrier to his return.

On redeployment and sick pay, the Tribunal accepted that HR looked for suitable non-teaching roles, that no suitable vacancies were identified before the claimant resigned, and that seven weeks was not a lengthy period for redeployment. It found the respondents applied the SNCT sick pay provisions and were entitled not to extend full sick pay in the circumstances, including where the claimant's fit notes referred to work-related stress rather than his disability.

The Tribunal found no fundamental breach of contract. It held that the claimant resigned after accepting a new DWP role and that his resignation was due to frustration about timescales for finding an alternative role, not because of a repudiatory breach by the respondents. All complaints were dismissed in their entirety.