Claimant v Secretary of State for Work and Pensions

Claim of failure to consult before OH assessment did not succeed. Tribunal was not satisfied less favourable treatment occurred or that it was because of disability.

Dismissal for absence was not objectively justified — Respondent failed to properly apply reasonable adjustment of increasing absence trigger for disabled employee and absence levels were not overly high. Dismissal for performance was objectively justified as performance remained below standard despite all reasonable adjustments in place.

Claim succeeded in relation to PCP 5.2.1 (absence management trigger): Respondent failed to apply the adjustment of increased trigger point for disability-related absence. All other reasonable adjustment claims failed: delays in equipment were partly Respondent's fault but did not cause substantial disadvantage; performance adjustments were made; no substantial disadvantage from starting on start date; wireless headset was preference not necessity.

Claim related to harshly worded OH referral did not succeed. Tribunal was not satisfied unwanted conduct occurred or that it had the proscribed purpose or effect.

Tribunal did not uphold on the facts allegations that Wandsworth called claimant 'wild' at meeting on 11 March 2022, or that language in OH referral implied 'wild and unstable', or that Williams threatened claimant with 'deportation'. Claimant's evidence was unclear and allegations not raised contemporaneously.

Same factual allegations as race discrimination claim. Tribunal did not uphold on the facts. Claimant unclear, allegations not raised until late amendment application in November 2023.