Cases2207434/2020

Claimant v Cabinet Office

6 July 2025Before Employment Judge WebsterLondon Centralin person

Outcome

Claimant fails

Individual claims

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

The tribunal found that the claimant had very fixed beliefs about the absolute nature of her required adjustments and became upset with anyone who disagreed. The tribunal concluded that the respondent's actions were not unfavourable treatment because of something arising from disability, or if they were, they were proportionate means of achieving legitimate aims such as ensuring personal safety, managing attendance, and maintaining minimum performance levels.

Harassment(disability)failed

The tribunal did not find that the respondent engaged in unwanted conduct relating to disability that had the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. The tribunal considered the claimant's perception alongside the other circumstances and whether it was reasonable for the conduct to have that effect.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal considered numerous alleged PCPs, physical features, and auxiliary aids. While the claimant had multiple disabilities requiring adjustments across multiple workplaces and building moves, the tribunal found that the respondent did not fail in its duty to make reasonable adjustments. The tribunal noted that adjustments were made, including working from home, ergonomic equipment, and flexible hours, and that the claimant's expectations were often absolute and inflexible rather than reasonable.

Victimisationfailed

The tribunal found that the claimant was not subjected to detriments because she had done protected acts (requesting reasonable adjustments or bringing tribunal claims). The tribunal concluded that the actions complained of were not done because of the protected acts but were part of ordinary management processes or responses to the claimant's conduct and performance.

Whistleblowingfailed

The tribunal found that the claimant did not make qualifying protected disclosures, or if she did, was not subjected to detriment because of those disclosures. The tribunal considered complaints made to senior staff about pregnant staff rights, failure to provide contracts, bullying of disabled staff, and equality duty compliance, but found no causal link between these and any alleged detriments.

Facts

Ms McKay was employed by the Cabinet Office from February 2017 in various HR roles. She had multiple disabilities including Morton's Neuroma, osteoarthritis, back pain, osteoporosis, Crohn's disease, asplenia, anxiety, depression, and fatigue. She worked across multiple premises which moved several times, requiring ongoing workplace adjustments. The claimant brought four separate tribunal claims between 2020-2023 alleging discrimination arising from disability, failure to make reasonable adjustments, harassment, victimisation, and whistleblowing detriment. The case took place against the backdrop of the pandemic during which the claimant had to shield.

Decision

The tribunal dismissed all of the claimant's claims. The tribunal found that while the claimant had genuine disabilities requiring adjustments, she had formed very fixed beliefs about what adjustments were absolutely necessary and became intransigent when alternatives were suggested. The tribunal concluded that the respondent had made reasonable efforts to accommodate the claimant across multiple workplace moves and that the actions complained of were not discriminatory but were proportionate management responses or necessary to achieve legitimate aims such as safety and performance management.

Practical note

Even where an employee has multiple genuine disabilities requiring extensive adjustments, a tribunal may find no failure to make reasonable adjustments where the employer has made substantial efforts to accommodate the employee across changing circumstances, and where the employee's expectations are inflexible and absolute rather than focusing on what adjustments are objectively reasonable.

Legal authorities cited

Madarassy v Nomura International Plc [2007] ICR 867Pnaiser v NHS England [2016] IRLR 170Environment Agency v Rowan [2008] ICR 218Tarbuck v Sainsbury's Supermarkets [2006] IRLR 664Land Registry v Grant [2011] ICR 1390Korashi v Abertawe Bro Morgannwg University Local Health Board [2012] IRLR 4NHS Manchester v Fecitt [2012] IRLR 64Malik v Cenkos Securities Plc UKEAT/0100/17Hewage v Grampian Health Board [2012] UKSC 37Chesterton Global Ltd v Nurmohamed [2018] ICR 731Igen v Wong [2005] ICR 931

Statutes

Equality Act 2010 s.26Equality Act 2010 s.27Equality Act 2010 s.136Equality Act 2010 s.15Employment Rights Act 1996 s.43BEmployment Rights Act 1996 s.47BEquality Act 2010 s.20Equality Act 2010 s.21

Case details

Case number
2207434/2020
Decision date
6 July 2025
Hearing type
full merits
Hearing days
12
Classification
contested

Respondent

Name
Cabinet Office
Sector
central government
Represented
Yes
Rep type
barrister

Employment details

Role
Management Portfolio Lead / User Experience Lead / Capability Expert Partner / HR Business Partner / HR Global Data and Process Convergence Lead

Claimant representation

Represented
Yes
Rep type
barrister