Claimant v Bishop Challenor School (in voluntary liquidation)
Outcome
Individual claims
Three specific complaints of unfavourable treatment because of something arising in consequence of disability succeeded: preparation and repetition of comments at the 12 June meeting, suggestion of withdrawing agreed adjustments, and being placed on the support plan. The tribunal found these constituted discrimination arising from disability under s.15 EqA 2010. The remaining complaints under this head failed.
The tribunal found that the respondent had not failed to make reasonable adjustments for the claimant's disability. The complaints under this head were dismissed in their entirety.
Three specific complaints of harassment related to disability succeeded, mirroring the successful discrimination claims: preparation and repetition of comments at the 12 June meeting, suggestion of withdrawing agreed adjustments, and being placed on the support plan. The tribunal found these acts had the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. The remaining harassment complaints failed.
The tribunal found that the claimant had not been subjected to victimisation contrary to s.27 EqA 2010. The complaint was dismissed in its entirety.
Facts
The claimant worked for a school that subsequently went into voluntary liquidation. She brought disability discrimination claims relating to treatment at a meeting on 12 June where comments were made, a suggestion to withdraw agreed disability adjustments, and being placed on a support plan. The respondent did not attend the hearing.
Decision
The tribunal found that three specific acts constituted both discrimination arising from disability and harassment related to disability: the preparation and repetition of comments at the 12 June meeting, the suggestion of withdrawing agreed adjustments, and being placed on the support plan. Claims for failure to make reasonable adjustments and victimisation were dismissed. The claimant was awarded £20,000 for injury to feelings, £7,509.39 for past financial losses, plus interest totalling £4,575.39.
Practical note
Suggesting the withdrawal of agreed disability adjustments and placing a disabled employee on a support plan without justification can constitute both discrimination arising from disability and harassment, even if reasonable adjustments claims fail.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 2305642/2023
- Decision date
- 24 September 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- solicitor