L Farrell and D McFarlane Ms E Stewart v North Lanarkshire Council — 2023

The tribunal found that the claimant's genetic haemochromatosis amounted to a disability for the purposes of the Equality Act 2010. It accepted effects including fatigue, joint pain, physical weakness and vulnerability to anxiety, but found that abdominal bloating or discomfort had not been established as a symptom of that condition rather than IBS or another cause.

The reasonable adjustments complaint failed. The tribunal considered the alleged PCPs concerning a social worker's redeployment into the claimant's team, the demands of the senior social worker role, and the respondent's redeployment policy. It found that the claimant had not proved a substantial disadvantage compared with non-disabled employees, nor that the respondent knew or ought reasonably to have known of such a disadvantage. It also considered that the respondent had taken measures including flexible working, removal of some responsibilities, encouragement to use breaks and counselling, and a temporary Central Services placement.

The discrimination arising from disability complaint also failed. The claimant relied on lethargy and pain as things arising from disability and alleged detriments including workload demands, supervisory support, handling of her subject access request, workplace issues, return to her substantive post, and TOIL or overtime. The tribunal found that, where matters capable of being detriments were established, they were not because of anything arising in consequence of disability.

The constructive dismissal complaint failed. The tribunal did not find that the matters relied on amounted individually or collectively to a breach of mutual trust and confidence. It concluded that the most likely immediate reason for the claimant's resignation was that she had obtained a new role with the Care Inspectorate, with notice timed to end immediately before that role began.