Claimant v Barts Health NHS Trust
Outcome
Individual claims
The tribunal found the complaint of failure to make reasonable adjustments was not well-founded. The panel reached a unanimous decision after hearing evidence over three days that the respondent had not failed in its duty to make reasonable adjustments for the claimant's disability.
The tribunal unanimously found that the complaints of harassment relating to disability were not well-founded. After considering the evidence presented over the three-day hearing, the panel determined that the alleged conduct did not amount to harassment related to the claimant's disability.
Facts
Ms Fairhurst brought claims against Barts Health NHS Trust alleging disability-related harassment and failure to make reasonable adjustments. The case was heard over three days before a full tribunal panel in June 2025, with one day spent in chambers and a final day for judgment delivery. Both parties were represented by counsel.
Decision
The tribunal unanimously dismissed both claims. They found that the respondent had not failed in its duty to make reasonable adjustments and that the alleged conduct did not amount to harassment relating to disability. Written reasons were given orally at the hearing.
Practical note
An NHS Trust successfully defended both reasonable adjustment and disability harassment claims where the tribunal found the evidence did not support the claimant's allegations after a full merits hearing.
Case details
- Case number
- 3201302/2024
- Decision date
- 20 June 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister