Claimant v Secretary of State for Justice

Tribunal found claimant was disabled (chronic cluster headaches) from 30 June 2023. However, alleged unfavourable treatment (being made to feel guilty, career development failures, delays in implementing adjustments, withholding disability leave, failing to maintain welfare contact) either did not occur or was not because of absence from work arising from disability. Respondent had legitimate operational reasons for decisions.

Tribunal found claimant failed to articulate a clear plan for working from home. His role as delivery manager required on-site presence for security and operational reasons. When working from home he had insufficient work to do and failed to keep timesheets. Respondent did make adjustments: provided a private room for oxygen use, offered to move his desk to avoid bright lighting. Working from home was not a reasonable adjustment for his senior management role. Screen software was provided but claimant did not come to work to download it.

Claimant alleged detriments following his grievance of 27 October 2023 alleging discrimination. Tribunal found that all alleged detriments (comments from managers, refusal of disability leave, refusal to provide meeting recording, forthright comments by grievance investigator Dee Kavanagh, referral for disciplinary action) were not because of the protected act. They were either policy statements, factual observations about operational requirements, or based on concerns about timekeeping and failure to complete flexi-sheets discovered during grievance investigation.

Claimant was not paid in September 2023 (£1183.87 deducted). The money was restored in October without explanation. Tribunal concluded most likely explanation was administrative error due to return-to-work meeting not occurring until 21 September (after payroll cut-off), causing system to incorrectly calculate sick pay entitlement. There was no instruction from the manager not to pay him. It was not an unlawful deduction but a payroll system error that was corrected.