Claimant v Network Rail Infrastructure Limited
Outcome
Individual claims
The claimant withdrew her claim under Section 19 of the Equality Act 2010 (indirect discrimination) at the preliminary hearing by agreement. The claim was dismissed on that basis.
Claim of direct disability discrimination by association (Section 13 EqA 2010) remains live. The claimant alleges less favourable treatment including being denied promotion on 26 October 2023, removal of high profile cases, performance rating downgrade, and leave entitlement reduction because of her association with her disabled son.
Claim of disability-related harassment (Section 26 EqA 2010) remains live. The claimant alleges unwanted conduct including discriminatory comments by managers about her son's disabilities, micromanagement, scheduling meetings during therapy sessions, and ableist comments in witness statements during the grievance process.
Claim of victimisation (Section 27 EqA 2010) remains live. The claimant alleges she suffered detriments including failure to follow sickness absence policy, denial of independent welfare manager, unfair grievance investigation, and threatened termination because she raised concerns about disability discrimination in August and November 2023 and filed a formal grievance in December 2023.
Facts
The claimant is an HR Business Partner whose son has autism spectrum disorder diagnosed from March 2023. She alleges that after disclosing her son's disability and need to attend therapy sessions, she was denied promotion in October 2023, had her performance rating downgraded, experienced micromanagement, had managers schedule meetings during therapy sessions, and faced discriminatory comments. She raised concerns in August 2023 and a formal grievance in December 2023, after which she alleges further detriments including exclusion from work and threats of termination.
Decision
This was a preliminary hearing to agree issues for final hearing. The claimant withdrew her indirect discrimination claim which was dismissed. The parties agreed amendments to the claim and a comprehensive list of issues covering direct discrimination by association, disability-related harassment, and victimisation. The respondent withdrew other strike-out applications and the case will proceed to full hearing on 2 June 2025.
Practical note
Discrimination by association claims based on a disabled child can encompass complex allegations including denial of promotion, micromanagement during therapy times, and discriminatory comments in grievance processes, requiring careful case management at preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 8001166/2024
- Decision date
- 10 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- HRBP
- Service
- 5 years
Claimant representation
- Represented
- No