Cases1306941/2023

Claimant v Walsall Metropolitan Borough Council

14 February 2025Before Employment Judge BennettMidlands Westin person

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal found that the claimant was not unfairly dismissed by the respondent. The dismissal was found to be fair and within the range of reasonable responses available to a reasonable employer in the circumstances.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found the respondent did not fail to make reasonable adjustments in relation to three specific alleged failures: failing to provide monthly welfare meetings, not electronically recording meetings, and allowing meetings to exceed 30 minutes. The tribunal concluded these did not constitute failures under sections 20 and 21 of the Equality Act 2010.

Facts

Miss Smallridge was employed by Walsall Council and was dismissed. She brought claims of unfair dismissal and failure to make reasonable adjustments for disability. The specific adjustments alleged were the failure to provide monthly welfare meetings, failure to electronically record meetings, and allowing meetings to exceed 30 minutes. The case was heard before a full tribunal panel over one day with oral reasons given.

Decision

The tribunal unanimously dismissed both claims. They found the dismissal was fair and that the respondent had not failed in its duty to make reasonable adjustments under the Equality Act 2010. The specific alleged failures regarding meeting procedures were not found to constitute breaches of the duty.

Practical note

Employers must ensure reasonable adjustments are tailored to the individual's needs, but not all requested adjustments will be found reasonable or necessary, particularly procedural requests around meeting formats and duration.

Legal authorities cited

Statutes

Equality Act 2010 s.20Equality Act 2010 s.21

Case details

Case number
1306941/2023
Decision date
14 February 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
local government
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No