Cases6001000/2023

Claimant v Secretary of State for Justice

13 June 2025Before Employment Judge SmailPlymouth

Outcome

Partly successful£3,575

Individual claims

Failure to Make Reasonable Adjustments(disability)succeeded

The Respondent failed to make a reasonable adjustment on 28 April 2023 by not informing the Claimant in advance of the disciplinary interview which offenders the disciplinary questions would relate to. The tribunal found this was a reasonable adjustment that should have been made.

Facts

The Claimant worked for the Secretary of State for Justice. On 28 April 2023, she was required to attend a disciplinary interview. The Respondent failed to tell her in advance which offenders the disciplinary questions would relate to. The case involved issues relating to a Report containing the Review of CM's Further Serious Offence. The Claimant was disabled and required reasonable adjustments. The tribunal heard evidence over 10 days.

Decision

The tribunal found that the Respondent failed to make a reasonable adjustment by not informing the Claimant in advance which offenders would be the subject of disciplinary questions at the interview on 28 April 2023. Save for this single failure, all other claims failed. The Claimant was awarded £3,574.51 in compensation.

Practical note

Employers must provide disabled employees with sufficient advance information about disciplinary interviews to enable them to prepare adequately, and failure to do so can constitute a failure to make reasonable adjustments.

Award breakdown

Injury to feelings£3,575

Vento band: lower

Legal authorities cited

Statutes

EqA 2010

Case details

Case number
6001000/2023
Decision date
13 June 2025
Hearing type
full merits
Hearing days
10
Classification
contested

Respondent

Name
Secretary of State for Justice
Sector
central government
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No