Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
The tribunal found the complaints of direct disability discrimination under Section 13 Equality Act 2010 were not well-founded. The claimant was unable to establish that she was treated less favourably because of her disability.
The tribunal found the complaints of discrimination arising from disability under Section 15 Equality Act 2010 were not well-founded. The respondent either showed the treatment was a proportionate means of achieving a legitimate aim or the claimant failed to establish the necessary causative link.
The tribunal found one complaint of failure to make reasonable adjustments succeeded: the respondent failed to resolve the claimant's requests for reasonable adjustments before requiring her to accept a Labour Market Decision Maker role in March 2023. The remaining reasonable adjustments complaints failed.
Facts
The claimant, Miss Bowyer, was a disabled employee of the Department for Work and Pensions. In March 2023, she was required to accept an offer of a Labour Market Decision Maker role before her requests for reasonable adjustments had been resolved. She filed a grievance on 8 August 2023 and subsequently brought tribunal claims for direct disability discrimination, discrimination arising from disability, and failure to make reasonable adjustments.
Decision
The tribunal dismissed claims of direct disability discrimination and discrimination arising from disability. It found one complaint of failure to make reasonable adjustments succeeded: the respondent failed to resolve the claimant's reasonable adjustments requests before requiring her to accept the role in March 2023. The tribunal extended time on a just and equitable basis to allow this claim. The tribunal awarded £7,500 for injury to feelings plus interest.
Practical note
Employers must resolve reasonable adjustments requests before requiring disabled employees to accept new roles, and failure to do so constitutes unlawful disability discrimination even where other discrimination complaints fail.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 2411264/2023
- Decision date
- 6 June 2025
- Hearing type
- full merits
- Hearing days
- 7
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No