Claimant v London Underground Limited

Outcome

Facts

The claimant, a Customer Service Assistant employed since 2001 by London Underground, has diabetes and was off work with work-related stress from March 2023. He requested that his friend Mr Christopher Carroll, who was not a workplace colleague or accredited trade union representative, be allowed to accompany him to sickness review meetings and case conferences as a reasonable adjustment. The respondent's policy only permitted trade union representatives or workplace colleagues. An Occupational Health report stated the claimant's concentration and communication were not affected by his diabetes and that he was fit to attend meetings with a 'suitable person' accompanying him. The claimant claimed he needed Mr Carroll because of his in-depth knowledge of the claimant's diabetes and how stress affects it.

Decision

The tribunal dismissed the claim for failure to make reasonable adjustments. It found the claimant was not placed at a substantial disadvantage by the PCP, as a trade union representative would be equally capable of supporting him, and the Occupational Health report stated his concentration and communication were unaffected. The tribunal also found the respondent did not know and could not reasonably have known of any substantial disadvantage, having obtained recent OH advice. Even if there had been a disadvantage, allowing an external person to attend internal meetings was not a reasonable adjustment given risks of confidentiality breaches, lack of familiarity with procedures, and the availability of accredited representatives.

Practical note

Legal authorities cited