A former employee of a regulator raised several claims against their employer after their dismissal on the 7th November 2019, including " discrimination arising from disability and failure
to make reasonable adjustments".
In total the former employee made five claims against their former employer as follows: "disability discrimination (failure to make reasonable adjustments, discrimination because of something arising from disability, direct disability discrimination, indirect disability discrimination, victimisation related to disability, harassment related to disability; and unfair dismissal." Two claims were dealt with in a separate tribunal heard in February 2020.
The former employee has several diagnosis, dyslexia,
Asperger’s syndrome, neuro diversity, and left-sided hearing loss, of which each amount to disability as defined in the Equality Act 2010.
The dismissal came into effect because of the former employees conduct when they came into conflict with co-workers. It was therefore to be determined whether the behaviours where "arising from disability".
The former employee submitted the claims aforementioned, however it is noted that before the tribunal "The parties had been unable to agree a list of issues. Earlier attempts that case management hearings to clarify the issues had not been wholly successful." but was fundamentally for “practice of not following policy”.
There were a number of events detailed in the tribunal that led to these circumstances, including the former-employee submitting serval grievances against co-workers. Given the number and the un-specific nature of the complaints raised by the former-employee it was difficult for the judge to clearly distinguish the issues and to therefore cast clear
discernment on the matters. The report adds "The
contested issues were whether there was a need, arising from the disability, not to approach the
claimant in a seemingly confrontational manner; and whether there was a need for him to stand
when speaking to colleagues. "
"The tribunal had to decide whether the claimant’s conduct at work arose from disability.
Having carefully considered the medical evidence, the tribunal properly found, said the
respondent, that while the disability could cause the claimant to behave in a manner described
as a “meltdown”, on the occasions when that had happened his behaviours were not the
consequence of his disability. Rather, the tribunal properly found, with sufficient reasoning,
he had behaved as he did because he had a short temper, resented being told what to do and
had lost his temper." It continues.
It was concluded that while there were reservations regarding the structure and quality of the dismissal, the former employee had "become wholly impossible to manage". Furthermore the judge added that "the Respondent was
wholly at fault without allowing the Respondent to address his grievances
in an orderly fashion made it impossible to retain him in their employment. " Therefore the Judge did not "find in it any error of law or principle
in the application to the facts of section 15 of the EqA. The findings of fact are not challenged
as perverse; nor, realistically, could they be. The decision therefore stands and the appeal is
Read the Employment Tribunal Here
Read the Full Judgement Here