Claimant v University College London

The tribunal found the claims of discrimination arising in consequence of disability under sections 15 and 39 Equality Act 2010 were not well founded. The tribunal determined that the claimant was disabled with depression and anxiety from late 2009, and knowledge was established (First Respondent from 22 May 2019, Second Respondent from 21 June 2021), but the substantive discrimination arising from disability claims were not made out on the facts.

The tribunal found two specific reasonable adjustment claims at paragraphs 6.7.5 and 6.7.6 of the list of issues succeeded. These claims were presented out of time but the tribunal exercised its discretion to extend time as it was just and equitable to do so. All other reasonable adjustment claims failed and were dismissed, indicating that only a minority of the reasonable adjustment allegations were upheld.

The tribunal found the claims of disability related harassment under sections 26 and 40 Equality Act 2010 were not well founded and dismissed them. The tribunal did not find that the conduct complained of met the statutory test for harassment related to disability.

The tribunal found the claim of constructive unfair dismissal under sections 95(1)(c) and 98 of the Employment Rights Act 1996 was not well founded. The tribunal was not satisfied that the employer had committed a fundamental breach of contract going to the root of the employment relationship, or that the claimant had resigned in response to such breach.