Cases2302791/2022

Claimant v Brighton & Hove City Council

8 January 2025Before Employment Judge C TaylorLondon South

Outcome

Claimant fails

Individual claims

Discrimination Arising from Disability (s.15)(disability)failed

Tribunal found there had not been a restructure of the department as alleged by the Claimant. Therefore the Claimant had not been put under pressure by the Respondent in or around December 2020 as a result of the purported restructure. Claimant failed to prove the basis of the claim. All claims failed on time grounds and on merits.

Indirect Discrimination(disability)failed

Tribunal found that there was not a restructure of the department as alleged. Introduction of ORBIS did not entail a restructure of departments and did not have any substantial effect on day-to-day work. Claimant failed to satisfy the Tribunal that there was a restructure. Claim failed on merits and time grounds.

Failure to Make Reasonable Adjustments(disability)failed

Tribunal found the Respondent continuously made reasonable efforts to discuss Claimant's performance and provide auxiliary aids. Delay in providing Dragon software was of minor consequence. The Claimant was given reduced duties and work was reassigned. The Tribunal concluded that the Respondent did not fail to make reasonable adjustments. Claim failed on time grounds and merits.

Harassment(disability)failed

All claims of harassment were dismissed on the ground that the allegations related to routine management decisions made against a background of attendance issues and poor performance. The Tribunal was satisfied the Respondent did not engage in unwanted conduct related to disability with the purpose or effect of violating the Claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Claim failed on time grounds and merits.

Victimisation(disability)failed

Tribunal found that raising a formal grievance on 12 January 2022 alleging disability discrimination was a protected act. However, delays to the grievance and appeal procedure were caused by errors and delays on all sides, but did not take place because the Claimant had carried out a protected act. Claim failed on merits.

Facts

The Claimant, a Senior ICT Analyst with dyslexia, stress and anxiety, was employed by Brighton & Hove City Council from June 2014. He claimed that following the introduction of ORBIS in December 2020, his workload increased and the Respondent failed to provide necessary support and adjustments. From March 2019 onwards, his attendance and performance deteriorated, leading to periods of sick leave. Despite the Respondent making adjustments (reduced duties, phased returns, occupational health referrals, provision of auxiliary aids), the Claimant continued to struggle and went on long-term sick leave from November 2021. He brought claims of disability discrimination.

Decision

The Tribunal dismissed all of the Claimant's claims. It found that there had not been a restructure of the department as alleged, and that the Respondent had made reasonable adjustments including reducing the Claimant's workload, providing auxiliary aids, and attempting to identify and address work-related difficulties. The Tribunal found that the allegations related to routine management decisions in response to poor attendance and performance. Most claims were also presented outside the applicable time limit and the Tribunal declined to extend time. The victimisation claim failed on merits.

Practical note

Employers must make reasonable adjustments for disabled employees, but where an employee's performance and attendance remain poor despite multiple adjustments and occupational health support, routine performance management does not constitute disability discrimination.

Legal authorities cited

Robertson v Bexley Community Centre t/a Leisure Link [2003] IRLR 434Barclays Bank plc v Kapur and ors 1991 ICR 208, HLWarby v Wunda Group EAT/0434/11

Statutes

Equality Act 2010 s.15Equality Act 2010 s.136Equality Act 2010 s.19Equality Act 2010 s.20Equality Act 2010 s.21Equality Act 2010 s.26Equality Act 2010 s.27Equality Act 2010 s.123

Case details

Case number
2302791/2022
Decision date
8 January 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
barrister

Employment details

Role
Senior ICT Analyst (Information Security)
Service
7 years

Claimant representation

Represented
No