Claimant v Lancashire County Council
Outcome
Individual claims
The tribunal found that the claimant's suspension on medical grounds on 14 April 2021, carried out by removing her from a team meeting and requiring her to leave immediately without speaking to anyone, had the effect of violating her dignity and creating a humiliating and offensive environment. The manner of suspension could look like one for gross misconduct and shocked, humiliated and embarrassed the claimant.
The tribunal concluded that the PCPs of requiring physical restraint and sleep-ins put the claimant at a substantial disadvantage. The claimant had been successfully exempted from restraints for at least three years with no operational difficulties. The respondent failed to provide a satisfactory explanation as to why this could no longer be accommodated. The tribunal found it would have been reasonable to continue exempting her from restraints and regular sleep-ins.
Initiating the attendance/capability policy on 16 or 17 December 2021 was unfavourable treatment arising from the claimant's disability (her inability to carry out restraints). Given the tribunal's conclusion that reasonable adjustments should have been made, initiating the process was not a proportionate means of achieving the legitimate aim of efficient business operation and health and safety, as the claimant could have remained at work with adjustments.
Complaint withdrawn by the claimant before or during the hearing
Complaint withdrawn by the claimant before or during the hearing
Complaint withdrawn by the claimant before or during the hearing
Facts
Ms Leigh, an Assistant Manager at a children's home, had Arthritis and had been exempted from physical restraints for at least three years by her line manager Caroline Holmes, without operational difficulty. In June 2020, senior manager John Simpson became aware of this arrangement and instructed that a CAT capability assessment be conducted. Despite repeated occupational health reports stating she could work with adjustments, the respondent decided she could not continue in her role if unable to perform restraints. She was suspended on medical grounds on 14 April 2021 in a manner that shocked and humiliated her. She ultimately applied for and was granted ill-health retirement, leaving employment on 28 February 2022.
Decision
The tribunal found the respondent failed to make reasonable adjustments by not continuing to exempt Ms Leigh from restraints and regular sleep-ins. The adjustment had worked successfully for years and there was no satisfactory explanation for why it could no longer be accommodated. The tribunal also found the suspension on 14 April 2021 constituted harassment due to the humiliating manner in which it was carried out. Initiating the attendance/capability policy in December 2021 was discrimination arising from disability and not a proportionate means of achieving a legitimate aim, because reasonable adjustments should have been made.
Practical note
An employer cannot withdraw a long-standing, successful reasonable adjustment without cogent evidence that circumstances have materially changed; asserting risks that have been managed for years without incident is insufficient justification.
Legal authorities cited
Statutes
Case details
- Case number
- 2405355/2022
- Decision date
- 2 August 2024
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Name
- Lancashire County Council
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Assistant Manager (Residential Child Care Worker)
- Service
- 19 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister