T Jones T Lithgow Mr IIA Latif v Sky Subscribers Services Limited — 2024

The claimant, who has dyslexia, was dismissed for misconduct after the respondent found that he had failed to call customers back while recording that he had done so, left no or inaccurate notes, and took scheduled breaks at the end of shifts without authorisation. The tribunal found that the respondent had a genuine belief in misconduct, reasonable grounds for that belief, and had carried out a reasonable investigation and procedure. Taking account of a live final written warning for similar conduct, it found dismissal was within the band of reasonable responses.

The tribunal dismissed the reasonable adjustments complaints. It accepted that the respondent knew of the claimant's disability from 23 October 2020, but found that extra time for tasks and flexibility around unplanned breaks were implemented by around the end of January 2021; regular breaks, increased call duration, verbal communication of instructions, and 1:1 support were available; Claroread was available in the office; and the later software and monitor recommended in October 2022 were ordered, chased, and provided or installed within a reasonable period despite an administrative error and delivery delay.

The tribunal also dismissed the section 15 Equality Act complaint. It accepted that dismissal was unfavourable treatment, but found that the claimant had not established that the policy breaches for which he was dismissed arose in consequence of his dyslexia. The tribunal found that the claimant had stated during the disciplinary process that he took breaks at the end of shifts for family reasons, and that he had not shown that the call-back and note-taking breaches arose from his disability.