Cases3307239/2023

Claimant v Secretary of State for the Home Office

23 September 2025Before Employment Judge Gumbiti-ZimutoReadingremote video

Outcome

Claimant fails

Individual claims

Discrimination Arising from Disability (s.15)(disability)failed

Tribunal found claimant has disabilities (depression, anxiety, chronic lower back pain, repetitive strain injury) but not right foot pain as disability. All discrimination claims failed on facts — no less favourable treatment, no breach of duty, no harassment established.

Failure to Make Reasonable Adjustments(disability)failed

Claimant argued various PCPs including hot desk policy, workload allocation, annualised hours policy disadvantaged her. Tribunal found respondent made extensive adjustments and did not fail in its duties. Adjustments were in place and reviewed; alleged breaches not established.

Harassment(disability)failed

Claimant alleged multiple incidents of harassment by managers, particularly Beverley Marritt. Tribunal found no conduct with purpose or effect of violating dignity or creating hostile environment. Incidents either did not occur as alleged or, where they did, were not harassment when considered under s.26(4) EqA 2010.

Victimisationfailed

Claimant relied on protected acts including prior ET claim, grievances, and complaints. Tribunal found alleged detriments (removal from duties, PSU investigation, disability leave, refusal of development opportunity) were not because of protected acts but for legitimate operational or safeguarding reasons.

Direct Discrimination(disability)failed

Claimant alleged less favourable treatment re desk allocation, workload, TOIL vs overtime, PSU investigation, disability leave. Tribunal found no less favourable treatment; comparators not appropriate or circumstances materially different. Treatment not because of disability.

Indirect Discrimination(disability)failed

Claimant alleged PCPs (hot desk policy, annualised hours, requirement to walk to interview rooms) put her at disadvantage. Tribunal did not uphold claims; PCPs either not applied as alleged, or justified as proportionate means of achieving legitimate aims (space use, staff shortages, detainee management).

Facts

Claimant worked part-time as Engagement Officer for Home Office from 2016, with disabilities (depression, anxiety, chronic back pain, RSI). Various workplace adjustments in place. Series of incidents from 2022-2024 involving disputes over desk allocation, workload, disability leave, PSU investigation, TOIL vs overtime, development opportunities. Claimant alleged discrimination, harassment, victimisation by managers including Beverley Marritt and Nicola Ward. Respondent maintained it supported claimant with adjustments and acted for legitimate operational reasons.

Decision

Tribunal dismissed all claims. Found extensive adjustments were made and maintained. Alleged incidents of harassment either did not occur as alleged or did not meet threshold for harassment when all circumstances considered. No less favourable treatment established; treatment not because of disability or protected acts but for operational or safeguarding reasons. Time limit issues considered but claims failed on merits.

Practical note

Even where extensive reasonable adjustments are in place and well-documented, tribunals will scrutinise each alleged incident carefully and will not find harassment or discrimination unless the statutory tests are clearly met on the facts; operational decisions and relationship breakdowns do not automatically constitute discrimination.

Legal authorities cited

Statutes

Equality Act 2010 s.27Equality Act 2010 s.6Equality Act 2010 s.123Equality Act 2010 s.13Equality Act 2010 s.19Equality Act 2010 s.20Equality Act 2010 s.26

Case details

Case number
3307239/2023
Decision date
23 September 2025
Hearing type
full merits
Hearing days
12
Classification
contested

Respondent

Sector
central government
Represented
Yes
Rep type
barrister

Employment details

Role
Engagement Officer

Claimant representation

Represented
Yes
Rep type
barrister