Cases2303023/2023

Claimant v London Fire Brigade

4 March 2025Before Employment Judge HartLondon Southremote video

Outcome

Partly successful

Individual claims

Harassment(disability)succeeded

The tribunal found that Mr Ryan's rejection of the claimant's grievance on 17 December 2021 constituted harassment related to disability. The conduct was unwanted and had the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for him.

Harassment(disability)succeeded

The tribunal found that both Mr Flower's rejection of the claimant's grievance on 21 April 2022 and Mr Fitzgerald's rejection of the grievance on 9 May 2022 constituted harassment related to disability. These actions were unwanted conduct related to the claimant's disability that violated his dignity or created a hostile environment.

Victimisationsucceeded

The tribunal found that Mr McGhie making disciplinary allegations against the claimant on 9 December 2022 was an act of victimisation. The claimant had done a protected act and was subjected to a detriment because of that protected act.

Victimisationfailed

The tribunal found that Mr Davies suspending the claimant in December 2022 was not an act of victimisation. The respondent satisfied the tribunal that the suspension was not because the claimant had done a protected act, but for legitimate operational or investigatory reasons.

Victimisationsucceeded

The tribunal found that Mr Murray and/or Mr Ellis continuing the claimant's suspension on 30-31 March 2023 was an act of victimisation. The continuation of the suspension at that point was because the claimant had done a protected act and constituted a detriment.

Facts

Mr Cherry, an employee of the London Fire Commissioner with a disability, brought claims of harassment related to disability and victimisation. The claims arose from the rejection of his grievances in December 2021, April 2022 and May 2022, disciplinary allegations made against him in December 2022, his suspension in December 2022, and the continuation of that suspension in March 2023. The case was heard over 8 days by a full tribunal panel, with the claimant representing himself and the respondent represented by counsel.

Decision

The tribunal found in favour of Mr Cherry on four of his five claims. The harassment claims relating to the rejection of his grievances succeeded, as did the victimisation claims relating to disciplinary allegations in December 2022 and the continuation of his suspension in March 2023. However, the claim that his initial suspension in December 2022 was victimisation failed, the tribunal being satisfied it was for legitimate reasons unconnected to any protected act.

Practical note

Public sector employers must ensure that grievance processes and disciplinary decisions involving disabled employees who have raised protected acts are handled with extreme care to avoid harassment and victimisation claims, particularly when continuing suspensions over extended periods.

Legal authorities cited

Statutes

EqA 2010 s.26EqA 2010 s.27

Case details

Case number
2303023/2023
Decision date
4 March 2025
Hearing type
full merits
Hearing days
8
Classification
contested

Respondent

Sector
emergency services
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No