Miss S Glynn and Mrs T Bryant v Pennine Care NHS Foundation Trust: 2402085/2024 and 2402329/2024
EMPLOYMENT TRIBUNALS
Case No 2402085/2024, 2402329/2024
Between
Miss S Glynn and Mrs T BryantClaimantPennine Care NHS Foundation TrustRespondent
Before
Employment Judge DunlopDate 13 February 2026
JUDGMENT
[1]The claimants’ complaint that the respondent failed to make reasonable adjustments (ss.20-21 Equality Act 2010) is well-founded. In particular, the respondent breached its duty to make reasonable adjustments by failing to allow the claimants to continue to work in their roles, without seeking to redeploy them into community or administrative posts, notwithstanding that they were exempt from completing PMVA Level 4 training.[2]The claimants’ complaint of discrimination arising from disability (s.13 Equality Act 2010) is well-founded. In particular, the respondents discriminated against the claimants by preventing them from working bank shifts and night shifts, and by requiring them to seek redeployment, and that discrimination was not justified. The respondent was, however, entitled to limit the claimants’ ability to access bank shifts in wards other than Heathfield House, and to prevent them from undertaking night shifts in any ward where the ‘rule of 3’ would not be met. The respondent did not discriminate against the claimants by failing to properly consult with them. Case No: 2402085/2024 & 2402329/2024[3]The claimant’s complaint of indirect discrimination is dismissed upon withdrawal. Mrs Bryant[4]Mrs Bryant’s complaint of disability-related harassment is not well founded, and is dismissed.[5]Mrs Bryant’s complaint of unfair dismissal is well-founded. Remedy[6]Compensation in respect of all claims will be determined at a future date. Approved by: