Cases6002694/2023

Claimant v Horizon Care South West Limited

24 March 2025Before Employment Judge HastieExeterremote video

Outcome

Partly successful£500

Individual claims

Direct Discrimination(disability)failed

The tribunal found that the respondent had no knowledge of the claimant's thyroid disability at the material time. The claimant failed to establish that she disclosed this condition on any of the five occasions she alleged. The respondent could not reasonably have been expected to know about the thyroid condition as the claimant had raised several other health conditions (shingles, nerve damage, PHN) but not the thyroid disability.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found the respondent had no knowledge of the thyroid disability and could not reasonably have been expected to know. The adjustments made for the 25 September 2023 shift were requested and agreed by the claimant herself. The shift changes that increased walking distances were due to client cancellations on the day, not a failure to adjust. Regarding the grievance meeting, the claimant indicated she did not wish to attend and asked for the meeting to proceed in her absence.

Breach of Contractsucceeded

The respondent conceded this claim. The respondent had offered a £500 welcome bonus in its job advert which constituted an implied term of the claimant's contract. The respondent accepted liability for non-payment of this bonus.

Facts

The claimant worked as a healthcare assistant for three months from June to September 2023. She had a longstanding thyroid condition (Hashimoto disease) and developed shingles and post-herpetic neuropathy after smoke inhalation from a house fire in August 2023. After returning to work following sickness absence, she was allocated a shift on 25 September 2023 which she alleged was discriminatory. She resigned the next day and raised a grievance. The respondent proceeded with the grievance meeting in her absence on 6 October 2023.

Decision

The tribunal dismissed the discrimination and reasonable adjustments claims, finding that the respondent had no knowledge of the claimant's thyroid disability as she had never disclosed it, despite disclosing other health conditions. The tribunal found the shift adjustments were requested by the claimant herself and the grievance meeting proceeded in her absence at her request. The breach of contract claim for a £500 welcome bonus succeeded as this was conceded by the respondent.

Practical note

Employees must clearly communicate the nature and extent of their disabilities to employers, especially when they have disclosed other health conditions, as employers cannot be expected to make reasonable adjustments for undisclosed disabilities even where they are aware of related but distinct health issues.

Award breakdown

Legal authorities cited

Igen v Wong [2005] ICR 931SCA Packaging Ltd v Boyle [2009] UKHL 37Pnaiser v NHS England [2016] IRLR 170City of York Council v Grosset [2018] EWCA Civ 1105Chief Constable of West Midlands Police v Gardner EAT 0174/11Ayodele v CityLink Ltd [2018] ICR 748Madarassy v Nomura International Plc [2007] ICR 867Secretary of State for Work and Pensions v Alam 2010 ICR 665Goodwin v Patent Office [1999] ICR 302Environment Agency v Rowan [2008] ICR 218

Statutes

Equality Act 2010 s.20Equality Act 2010 s.21Equality Act 2010 s.6Equality Act 2010 s.15

Case details

Case number
6002694/2023
Decision date
24 March 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
lay rep

Employment details

Role
Health care assistant
Service
3 months

Claimant representation

Represented
No