Mrs M Middleton v South Tees NHS Foundation Trust: 2501114/2021

EMPLOYMENT TRIBUNALS

Case No 2501114/2021

Between

Mrs M MiddletonClaimant

South Tees NHS Foundation TrustRespondent

Before

Employment Judge S A Shore

Mr R Middleton (instructed by Lay Representative) for claimant

Mr A Sugarman (instructed by Counsel) for respondent

Date 4 May 2022

JUDGMENT

[1]The claimant’s complaint under regulation 30(1) of the Working Time Regulations 1998 (WTR), that the respondent refused to permit her to exercise a right she has under regulation 13(10) of the WTR, fails. We find that it was reasonably practicable for the claimant to take leave whilst shielding in the period 4 January 2021 to 31 March 2021.

[2]The claimant’s claim of failure to make reasonable adjustments contrary to sections 20 and 21 of the Equality Act 2010 (EqA) fails. The respondent did not put the claimant to the substantial disadvantage claimed (being unable to take leave because she was shielding in the period 1 January 2021 to 31 March 2021).

[3]The claimant’s claim of indirect discrimination because of the protected characteristic of disability contrary to section 19 of the EqA fails. The PCP did not put persons with the claimant’s disability at a particular disadvantage compared with persons who did not have the disability that the claimant has. Case No. 2501114/2021