Claimant v Computershare Services Limited

The first flexible working request in November 2021 was invalid as claimant had not worked the required 26 weeks. The second request from January 2022 was withdrawn after informal discussion and was substantially out of time. The third request from July 2022 was granted in full. No valid claim exists.

The claim succeeded regarding the failure to provide appropriate Bluetooth headphones for the claimant's otitis media condition from March 2023 until end of employment. Despite accepting the need, the Respondent failed to provide suitable equipment due to bureaucratic processes. Other reasonable adjustment claims regarding shift patterns and office attendance failed.

The section 15 discrimination arising from disability claim failed. The claimant was not treated unfavourably because of her absence record (no formal disciplinary action taken), inability to achieve targets (proposal to increase targets would not have disadvantaged her), or inability to use headsets (this was addressed through the reasonable adjustments claim).

The claimant failed to establish fundamental breach of contract. The tribunal found no breach regarding shift patterns as she had agreed to work until 8pm from July 2022. While there was a failure to provide headphones, this did not evince an intention not to be bound by contract terms. The resignation was primarily triggered by failure to secure a paralegal position, not any breach by the respondent.