Cases3312473/2022

Claimant v London Ambulance Service NHS Trust

29 April 2025Before Employment Judge PostleNorwich

Outcome

Claimant fails

Individual claims

Constructive Dismissalfailed

The tribunal found the respondent made every effort to accommodate the claimant's requests and provided support. The supportive meeting on 27 July 2022 regarding return to work could not justify resignation. The respondent's actions were not taken without just cause or good reason. The claimant had been supported throughout. No fundamental breach of contract was established, taken individually or cumulatively.

Failure to Make Reasonable Adjustments(disability)failed

Tribunal found the claimant was not a disabled person within the meaning of the Equality Act 2010. She failed to provide evidence of substantial adverse effect on normal day-to-day activities (only provided impact on work activities). Even if she had been disabled, most claims were out of time and it was not just and equitable to extend time. The only in-time claim (Apple Pen provision) was not well-founded as the adjustment had been accepted and was planned to be implemented following the Workplace Needs Assessment on 15 June 2022.

Failure to Make Reasonable Adjustments(disability)struck out

Multiple reasonable adjustment claims (based at Canton from January 2020, induction September 2019, returning to Canton July 2021, questions in advance of BSM interview June 2021, retaining laptop during CTM training September 2021, additional support during CTM training, provision of EPCR training from January 2022, alternative room for IRO exam March 2022) were struck out as out of time, with tribunal finding it was not just and equitable to extend time. The claimant provided no good reason why time should be extended.

Facts

The claimant was employed by London Ambulance Service NHS Trust from 2005, starting as a paramedic and eventually becoming a part-time Band 7 Clinical Team Manager. She had ADHD diagnosed 13 years before the hearing. In March 2022 she first informed her manager that ADHD was impacting her work. A Workplace Needs Assessment was arranged but delayed due to administrative processes and annual leave. The claimant had multiple sickness absences from May-August 2022 for anxiety and depression. On 27 July 2022 she attended a supportive long-term sickness meeting where all proposed adjustments were agreed. Two days later, on 29 July 2022, she resigned citing lack of support and disability discrimination.

Decision

The tribunal found the claimant was not a disabled person under the Equality Act because she failed to provide evidence of substantial adverse effects on normal day-to-day activities. Most reasonable adjustment claims were out of time and it was not just and equitable to extend time. The only in-time claim (Apple Pen provision) failed as the adjustment had been accepted and was being implemented. The constructive dismissal claim failed because the respondent had been supportive throughout, made efforts to accommodate requests, and there was no fundamental breach of contract.

Practical note

A claimant asserting disability must provide clear evidence of substantial adverse effects on normal day-to-day activities, not just impact on work performance, and must act promptly to bring tribunal claims within strict time limits.

Legal authorities cited

Western Excavating v Sharp [1978] ICR 221Omilaju v Waltham Forest LBC [2005] ICR 481Commissioner of Police in the Metropolis v Hendricks [2003] ICR 530Lyfar v Brighton and Sussex University Hospitals Trust [2006] EWCA Civ 154Aziz v FDA [2010] EWCA Civ 304Keeble v British Coal Corporation [1997] IRLR 336Robertson v Bexley Community Centre [2003] IRLR 434

Statutes

EqA 2010 s.20EqA 2010 s.21Limitation Act 1980 s.33EqA 2010 s.123ERA 1996 s.94ERA 1996 s.95ERA 1996 s.98EqA 2010 s.6

Case details

Case number
3312473/2022
Decision date
29 April 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Employment details

Role
Clinical Team Manager (Band 7)
Service
17 years

Claimant representation

Represented
No