Miss L Lansana v London Borough of Newham: 3201500/2024
JUDGMENT
The unanimous judgment of the Tribunal is as follows: Unfavourable treatment because of something arising in consequence of disability[1]The complaint of unfavourable treatment because of something arising in consequence of disability is not well-founded and is dismissed. Failure to make reasonable adjustments for disability[2]The following complaints of failure to make reasonable adjustments for disability are well-founded and succeed:2.1 From April 2024 onwards, failing to provide the Claimant with breaks from having to answer customer calls by being allocated administrative duties such as being responsible for the blue badge application process.2.2 From April 2024 onwards failing to limit the calls that the Claimant was allocated to 50 each day so that no further calls were allocated to her once she had dealt with 50 calls.2.3 From April 2024 onwards failing to redeploy the Claimant to an administrative role where she did not have to take a high volume of calls.2.4 Refusing to let the Claimant take her breaks at times when those breaks would provide the most relief for her symptoms. Instead the Respondent required the Claimant to take her breaks in the morning and in the afternoon.[3]The remaining complaints of failure to make reasonable adjustments for disability are not well-founded and are dismissed. Harassment[4]The complaint of harassment related to disability is not well-founded and is dismissed. Victimisation[5]The complaint of victimisation is not well-founded and is dismissed. REMEDY[6]The Tribunal makes the following recommendations:6.1 The Respondent (by its HR Department) takes proactive steps to identify available roles, or roles will be coming available in the near future, for which the Claimant meets the essential criteria in the job specification (or is likely to after reasonable training) and reports these to the Claimant weekly for the duration of the remainder of the redeployment period.6.2 The Respondent considers placing the Claimant in any such roles identified at 6.1 above without the need competitive interview - subject to considering the relative suitability of other employees on its redeployment register.6.3 The Respondent carries out a training needs assessment and considers providing any reasonable retraining and job coaching identified[7]The Respondent shall pay the Claimant the following sums:7.1 Compensation for injury to feelings in the sum of £23,000.007.2 Interest on compensation for injury to feelings calculated in accordance with the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996 in the sum of £2641.53. (calculated as follows: interest at 8% per annum = daily rate of £5.04 x 524 days =£2641.53) Approved by: