Claimant v MTR Corporation (Crossrail) Limited t/a MTR Elizabeth Line

PCP 1 (requirement to stand at gateline): Claim was out of time and tribunal found it not just and equitable to extend time. On the merits, tribunal found respondent did take reasonable steps by placing claimant in alternative roles (Information Desk, Custom House office duties, Abbey Wood ticket office) where standing was not required.

PCP 2 (requirement to apply for roles through competitive selection): Tribunal found no evidence that claimant's disability impacted his ability to go through application process. Claimant was successful in his application for Abbey Wood ticket office. Tribunal found it reasonable for respondent to require application process to ensure suitability for roles.

PCP 3 (6am start time at Abbey Wood): Tribunal found respondent made the adjustment by amending claimant's start time to 6:30am. The absence of written confirmation was not a disadvantage arising from disability - while claimant may have wanted reassurance, this was not a disability-related disadvantage requiring adjustment.

Tribunal found the applicable contractual provisions were those relating to temporary health restrictions (clause 11.3), not permanent restrictions. Under clause 11.3, claimant was entitled to his CEA rate of pay while temporarily placed in Abbey Wood ticket office. He would have been entitled to higher CSEA rate only upon formal redeployment, but he resigned before that start date.