ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000430/2023 Hearing at Edinburgh on 21, and May, and 21, and October 2024 Employment Judge: M A Macleod Tribunal Member: M Watt Tribunal Member: R Henderson Judit Borsos v Tesco Stores Ltd — 2024

The claimant, a warehouse team member at the respondent's Livingston distribution centre, relied on Hashimoto hyperthyroidism, irritable bowel syndrome and menopause, all admitted by the respondent to be disabilities. She alleged direct disability discrimination, failure to make reasonable adjustments and disability-related harassment arising from support for her conditions, occupational health referral, requests for medical evidence, a transport clerk application, refusal of a Grocery transfer, performance management, and workplace adjustments.

The tribunal found that the respondent had provided support including work in the Fresh department, use of Group 99/light duties, cooler plus 1 work where possible, reduced performance targets for a period, extra breaks where required, and occupational health referrals. It found that the claimant had not proved less favourable treatment because of disability. The tribunal also found that the loss or non-receipt of the transport clerk application was an error not shown to be related to disability, and that refusing a transfer to Grocery was legitimate because it was inconsistent with the support identified for her conditions.

On reasonable adjustments, the tribunal found that the claimant had not proved that she failed to meet performance targets because of disability. It considered that the respondent could not reasonably guarantee permanent work in goods-in, that layer master retraining had been agreed but became impracticable to implement, and that an extra break had been granted. On harassment, it found that the performance investigation, disciplinary and capability meetings, requests for medical evidence and warning were linked to performance management and record-keeping rather than disability-related harassment, and that the claims all failed and were dismissed.