Cases1804061/2024

Claimant v The Sheffield College

11 August 2025Before Employment Judge AyreSheffieldhybrid

Outcome

Claimant fails

Individual claims

Harassment(disability)failed

The tribunal found that comments made by Ms Parr on 31 March 2023 (that the claimant and Mr Taff needed to work on their communication and 'at least you are both looking at each other now') were not unwanted conduct and were not related to disability, but were about improving the working relationship. The claimant did not object at the time and left the meeting smiling. Comments about working from home to Sally Johnson and Bethan Hyatt were not unwanted as the claimant had been open about her autism and RAP with colleagues. While some comments were related to disability, it was not reasonable for them to have the proscribed effect given the context and the claimant's openness.

Victimisationfailed

The tribunal found that none of the alleged detriments were significantly influenced by the protected acts (the grievance of 28 January 2024 and the tribunal claim). The WhatsApp message of 7 February 2024 was not a detriment but a supportive gesture about the claimant's career. The Valencia comment on 22 February was a detriment (a highly inappropriate joke) but was not influenced by the grievance. Passing Screen Yorkshire responsibilities to Mr Taff was not a detriment and was for operational reasons. Keeping the claimant separated from Mr Taff was not a detriment and was due to their breakdown in relationship. Brief access to data on the laptop on 10 January 2025 was on advice of the DPO and HR and not a detriment, and was not influenced by the protected acts.

Facts

The claimant, an Associate Lecturer at The Sheffield College, was diagnosed with autism in January 2023 and a Reasonable Adjustments Passport was agreed. She raised concerns about communication issues with a colleague, Mr Taff. On 31 March 2023 her line manager Ms Parr held a meeting to address these concerns and made comments about communication and eye contact. The claimant was very open with colleagues about her autism and RAP. On 28 January 2024 she raised a formal grievance about Ms Parr's behaviour. Several incidents followed, including a WhatsApp message about a job opportunity, an inappropriate joke by Mrs Marshall-Preece (the Academy Director), and separation from Mr Taff. The claimant brought claims of harassment related to disability and victimisation.

Decision

The tribunal dismissed all claims. The harassment claims failed because the comments were either not unwanted (given the claimant's openness about her autism and RAP), not related to disability, or not reasonable to have the proscribed effect. The victimisation claims failed because the alleged detriments were either not detriments at all or were not significantly influenced by the protected acts (the grievance and tribunal claim). The tribunal found the respondent's actions were for operational or well-meaning reasons, not because of the protected acts.

Practical note

Context is critical in harassment claims: a claimant who is very open about her disability and adjustments in the workplace will find it difficult to establish that discussion of those matters by managers with colleagues amounts to unwanted conduct with the proscribed effect, even where the discussion was not explicitly authorised.

Legal authorities cited

Nagarajan v London Regional Transport [2000] 1 AC 501Commissioner of Police of the Metropolis v Hendricks [2002] EWCA Civ 1686Richmond Pharmacology v Dhaliwal [2009] ICR 724Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] ICR 337Hartley v Foreign and Commonwealth Office Services [2016] ICR D17Land Registry v Grant [2011] ICR 1390Derbyshire v St Helens Metropolitan Borough Council [2007] ICR 841

Statutes

Equality Act 2010 s.26Equality Act 2010 s.27Equality Act 2010 s.136

Case details

Case number
1804061/2024
Decision date
11 August 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
solicitor

Employment details

Role
Associate Lecturer

Claimant representation

Represented
Yes
Rep type
barrister