Claimant v Secretary of State for Education

The tribunal found that extending the claimant's probation period was unfavourable treatment arising from her performance difficulties which were linked to her CPTSD and neurodivergence. However, the respondent justified this as a proportionate means of achieving the legitimate aim of establishing that an employee could perform their role requirements, finding that extending probation was less harsh than dismissal or conditional passing with performance measures.

The PCP of requiring sickness absence when sick placed the claimant at substantial disadvantage by exacerbating her CPTSD and making her subject to attendance management procedures. The tribunal found the respondent had knowledge of the disability and should have reclassified her absence as disability leave from 17 August 2022 (when she could not work safely until adjustments were in place) rather than waiting until after the OH report on 29 September 2022. Backdating only from the OH report date was a failure to make reasonable adjustments.

A Teams message from Chris Armstrong-Stacey stating 'A MH organization championing her?! WTaF' was unwanted conduct related to the claimant's mental health disabilities. The tribunal found the derogatory and dismissive language had the effect of violating the claimant's dignity and creating a degrading environment. It was reasonable for the conduct to have that effect given the respondent's knowledge of the claimant's CPTSD and her difficulties.