Claimant v Royal Devon University Healthcare NHS Foundation Trust
Outcome
Individual claims
The tribunal found that the Respondent's decision to remove homeworking arrangements from the Claimant constituted direct discrimination on grounds of disability. The Respondent failed to justify the differential treatment.
The tribunal found that the removal of overtime opportunities did not amount to direct discrimination related to the Claimant's disability. The Respondent's actions in this regard were not because of the protected characteristic.
The tribunal found that the Respondent's actions did not constitute discrimination arising from disability under section 15 of the Equality Act 2010. The claim was dismissed on its merits.
Facts
The Claimant, Mr Rzezniczak, brought disability discrimination claims against his NHS employer relating to changes in his working arrangements. The Respondent removed his homeworking arrangements and overtime opportunities. The tribunal heard evidence over five days by video hearing. The Claimant represented himself while the Respondent was represented by counsel. The tribunal found that the Respondent had failed to comply with the ACAS Code on grievance procedures.
Decision
The tribunal upheld the direct discrimination claim regarding removal of homeworking but dismissed the claims relating to removal of overtime and discrimination arising from disability. An injury to feelings award of £5,000 was made in the lower Vento band, uplifted by 20% for the Respondent's ACAS Code failure, with interest, totalling £7,225.64.
Practical note
NHS employers must ensure that changes to working arrangements for disabled employees are properly justified and that ACAS grievance procedures are followed, or face compensation including uplifts for procedural failures.
Award breakdown
Vento band: lower
Adjustments
Respondent failed to comply with the ACAS Code of Practice on Disciplinary and Grievance procedures, warranting a 20% uplift
Legal authorities cited
Statutes
Case details
- Case number
- 6000651/2023
- Decision date
- 24 June 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No