Claimant v St John's International School

The tribunal found that while two PCPs (changing timetable and requiring teaching of two syllabi) did put the claimant at substantial disadvantage, the respondent's senior management had no actual knowledge of the claimant's autism or that she was disadvantaged, as she never raised her disability when complaining about timetabling issues. The statutory duty to make adjustments was therefore not engaged.

Under s.15 Equality Act (discrimination arising from disability), the tribunal found no causal link between matters arising from the claimant's autism and the alleged unfavourable treatment (dismissal, fee reduction, refusing extra hours). The dismissal was due to capability concerns, lack of confidence in differentiation ability, and conduct issues unrelated to disability.

The claim succeeded in respect of two allegations: requiring payment of school fees in full while others paid by instalments, and incorrectly deregistering the claimant's son. The respondent failed to provide cogent explanation for this detrimental treatment following presentation of tribunal proceedings. Claims regarding references and suspension threat failed as they predated the protected act or were standard practice.

The claimant's part-time worker discrimination claim failed because she could not identify an appropriate full-time comparator. Her contractual arrangements were unique (no PPA, enhanced fee remission, minimal non-teaching duties) and no full-time teacher was engaged on the same basis, so no less favourable treatment on grounds of part-time status was established.

The tribunal found the claimant's entitlement to PPA payment was only due to commence in September 2024 (linked to reduction in fee remission discount). As her employment terminated in May 2024 before this arrangement took effect, no unlawful deduction occurred during her actual employment.

The tribunal found the claimant's six-month probationary period had expired on 4 March 2024, over two months before dismissal. She was therefore entitled to one full term's notice (until 31 December 2024) not just one month. Having only received one month's pay in lieu, she was entitled to damages for the balance of the notice period including PPA payments from September 2024 onwards.