Claimant v North East Ambulance Service NHS Foundation Trust
Outcome
Individual claims
The tribunal found that the complaints of harassment related to disability were not well-founded after hearing evidence over four days. The claim was dismissed as the claimant did not establish that unwanted conduct related to her disability occurred that had the purpose or effect of violating her dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
The tribunal found that the complaint of discrimination arising from something in consequence of disability was not well-founded. The respondent either did not treat the claimant unfavourably because of something arising in consequence of her disability, or any such treatment was a proportionate means of achieving a legitimate aim.
Facts
Stephanie Whalen brought claims of harassment related to disability and discrimination arising from disability against her employer, North East Ambulance Service NHS Trust. The hearing took place over four days in March 2025. The claimant represented herself while the respondent was represented by counsel. Full written reasons were not provided in the judgment, only being available upon request.
Decision
The tribunal dismissed both claims, finding they were not well-founded. The harassment claim failed as the tribunal did not find unwanted conduct related to disability that violated the claimant's dignity or created a hostile environment. The discrimination arising from disability claim failed as the tribunal found either no unfavourable treatment occurred, or any such treatment was justified as a proportionate means of achieving a legitimate aim.
Practical note
Self-represented claimants in disability discrimination cases face significant challenges when opposed by experienced counsel, particularly where they must establish both the existence of unfavourable treatment and overcome potential justification defences.
Case details
- Case number
- 2500952/2024
- Decision date
- 20 March 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- —
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No