Claimant v London Fire Brigade
Outcome
Individual claims
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.
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.
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.
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.
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
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