Mrs D Bogdanowicz v Next Distribution Ltd: 1800783/2021
JUDGMENT
[1]The complaints of discrimination because of something arising in consequence of disability are dismissed upon withdrawal.[2]The complaints of failure to make specific reasonable adjustments, namely permitting the Claimant to be placed on “flexi-furlough” and being permitted to work a four day week, are dismissed upon withdrawal.[3]The redundancy consultation process was not procedurally fair. The Claimant was unfairly dismissed.[4]The Respondent is in breach of the duty to make a reasonable adjustment by not providing the Claimant with an auxiliary aid, namely a perching school, from 3rd November 2020 until the date of termination, 3rd February 2021.[5]The claim that the Respondent also failed to make a reasonable adjustment by not providing such a stool between 17th August and 3rd November 2020 is dismissed.[6]The claim that the Respondent failed to make a reasonable adjustment by not providing the Claimnt with a lift pass between 17th August and 30th September 2020 is dismissed. This claim was not, in any event, presented within the period of 3 months as extended by any relevant ACAS early conciliation and it would not be just and equitable to extend time.[7]The claim that the Respondent applied a provision, criterion or practice of requiring the Claimant to work a specific shift pattern as proposed during the restructuring process, Case: 1800783/2021 2 or that this placed disabled people in general or the Claimant in particular at a substantial disadvantage because of her disability, or that it failed to make a reasonable adjustment by not adjusting her work hours or shift options is dismissed.[8]Remedy is adjourned to a date to be fixed if not agreed.