Claimant v Northern Care Alliance NHS Foundation Trust
Outcome
Individual claims
The tribunal found that one act of harassment succeeded: the respondent made a very detailed occupational health referral without seeking the claimant's consent or input, or informing her at all. This violated her dignity and created an intimidating or offensive environment in relation to her disability. All other allegations of harassment were not well-founded.
The tribunal found that the respondent had not failed in its duty to make reasonable adjustments. The claimant was unable to establish the required elements of this claim, including that substantial disadvantage arose from a provision, criterion or practice, or that reasonable adjustments were not made.
Facts
Miss Mohmed, an employee of the Northern Care Alliance NHS Foundation Trust, brought claims of harassment related to disability and failure to make reasonable adjustments. The case centred on the respondent's handling of occupational health matters. The tribunal heard evidence over six days in April-May 2025.
Decision
The tribunal found that one harassment complaint succeeded: the respondent made a detailed occupational health referral without the claimant's knowledge, consent, or input. All other harassment complaints failed, as did the reasonable adjustments claim. The claimant was awarded £3,000 for injury to feelings, representing the lower Vento band.
Practical note
Employers must obtain employee consent and involvement before making detailed occupational health referrals about disability, as proceeding without knowledge or consent can constitute unlawful harassment related to disability.
Award breakdown
Vento band: lower
Case details
- Case number
- 2406539/2023
- Decision date
- 2 May 2025
- Hearing type
- full merits
- Hearing days
- 6
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- barrister