Member N Elliott Tribunal Member J Haria Mr Paul Ainsworth v West Dunbartonshire Council — 2024

The claimant was employed by the respondent local authority as Supported Accommodation Team Leader and had been absent on sick leave since 29 March 2023. The respondent conceded that he was disabled from May 2022 by reason of anxiety, depression, insomnia and PTSD, and knowledge of disability was also conceded during the hearing.

The Tribunal found that the claimant established both alleged PCPs: that Team Leaders like him would have to do the work of absent Team Leaders, and that work was unequally distributed among Team Leaders following absences or departures. It also found that those PCPs placed him at a substantial disadvantage compared with non-disabled persons, because his disability made him more vulnerable to stress, anxiety, ill health and absence arising from a significantly increased workload.

The Tribunal held that the duty to make reasonable adjustments arose, but that the respondent discharged it. It found that additional support from Sarah Weed and Brian Kerr, the progressive increase in Sarah Weed's responsibilities, and the transfer of some responsibilities to Joanne Sutherland formed a reasonable package of adjustments. It accepted that other Team Leaders lacked longer-term capacity to absorb further duties, and dismissed the claim.