Claimant v Anglian Windows Limited
Outcome
Individual claims
The tribunal found the respondent failed to make reasonable adjustments for a limited period of four shifts on 1-4 December 2020. During this period, Mr Ziga was required to work 12-hour shifts instead of the previously agreed 10-hour shifts that accommodated his disability. The respondent withdrew the reasonable adjustment by treating hours after 10 hours as unpaid absence and stating disciplinary action could follow. The tribunal found it would have been reasonable to continue the 10-hour shift adjustment during this period, particularly given Mr Ziga's depression and anxiety and the pending occupational health referral. The claim failed for all other periods as adjustments were in place or Mr Ziga was not working.
Facts
Mr Ziga worked night shifts for Anglian Windows with a reasonable adjustment reducing his shifts from 12 to 10 hours due to physical and mental health conditions including depression, anxiety and psoriasis. In November 2020 the respondent sought to address productivity issues by requiring all night shift workers to work full 12-hour shifts. On 26 November 2020 Mr Ziga was told he must work 12 hours from 30 November or face unpaid absence and potential disciplinary action. He submitted a grievance and requested status quo but was told he must work the hours requested. For four shifts from 1-4 December 2020 he worked 10 hours understanding the remaining 2 hours would be unpaid absence. A new occupational health report on 14 December 2020 recommended continuing the 10-hour adjustment, which was then reinstated.
Decision
The tribunal found the respondent failed to make reasonable adjustments for the limited period of four shifts on 1-4 December 2020 when the previously agreed 10-hour shift pattern was withdrawn and Mr Ziga was required to work 12 hours or face consequences. The tribunal awarded £4,000 injury to feelings (lower Vento band) plus interest of £1,493.84. The tribunal rejected the claim for financial loss arising from subsequent sickness absence, finding insufficient evidence that the four-day breach caused the deterioration in Mr Ziga's mental health rather than other aspects of the situation including the grievance process.
Practical note
Even a very brief failure to make reasonable adjustments (four days) can give rise to a modest injury to feelings award where the claimant was aware of and distressed by the withdrawal of the adjustment, but financial loss claims require clear causation evidence linking the specific discriminatory act to the loss claimed.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 3301401/2021
- Decision date
- 29 August 2025
- Hearing type
- remedy
- Hearing days
- 8
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No