Claimant v Central London Community Healthcare NHS Trust

The tribunal found that the respondent provided all but three of the auxiliary aids recommended in the Needs Assessment Report within a reasonable time. The claimant only began holding clinics on 30 May 2022, and had throughout her career performed at a high level without such aids. The tribunal concluded the delays were not unreasonable and that the claimant had reasonable alternatives to some items (e.g. Dragon software) pending provision of training.

The tribunal found discrimination arising from disability (s.15 EqA) on one ground: the claimant was required to work in excess of her contracted hours to complete administrative work pending the provision of auxiliary aids. This was unfavourable treatment because of something arising from her disability (inability to complete admin tasks within allocated time) and was not a proportionate means of achieving a legitimate aim. All other s.15 claims failed.

The tribunal found that Ms Botha making an unfairly critical Occupational Health referral on 9 September 2022 was unwanted conduct related to disability that had the effect of violating the claimant's dignity, and it was reasonable for the conduct to have that effect. The tribunal rejected allegations of harassment regarding Mr Lund's conduct at a meeting on 4 August 2022 and Ms Botha's conduct on 5 September 2022.

The tribunal found that Ms Botha making an unfairly critical Occupational Health referral on 9 September 2022 was a detriment caused by management frustration which had been caused, in part, by the claimant raising a grievance on 1 August 2022 and formally requesting reasonable adjustments on that date. All other victimisation claims failed.

The tribunal found that neither individually nor collectively did the proven acts of discrimination/victimisation and the breach of medical confidentiality constitute fundamental breaches of the implied term of mutual trust and confidence. In any event, the claimant delayed until 4 November before resigning and had by then affirmed the contract of employment.