London Borough of Croydon

Case Summary

The claimant brought complaints of disability discrimination and harassment against London Borough of Croydon relating to her withdrawal from an apprenticeship and communications from the Head of Service. The tribunal found that two complaints under section 15 of the Equality Act 2010 (unfavourable treatment because of something arising in consequence of disability) were well-founded, and one complaint of harassment under section 26 was also well-founded. Complaints regarding failure to make reasonable adjustments and other harassment complaints were dismissed.

The tribunal found that the decision to permanently withdraw the claimant from the apprenticeship on 20th July 2022 and the email sent on 27th September 2022 constituted unfavourable treatment arising in consequence of disability and harassment related to disability under the Equality Act 2010. The tribunal dismissed complaints regarding failure to make reasonable adjustments and other harassment allegations as not well-founded.

• •Unfavourable treatment because of something arising in consequence of disability under section 15 of the Equality Act 2010
• •Failure to make reasonable adjustments for disability under sections 20 and 21 of the Equality Act 2010
• •Harassment related to disability under section 26 of the Equality Act 2010
• •Withdrawal from apprenticeship on 20th July 2022
• •Email sent on 27th September 2022 by Head of Service

1 THE EMPLOYMENT TRIBUNAL __________________________________________________________________________________________________________________________________________________________________ SITTING: at London South BEFORE: Employment Judge Tueje MEMBERS: Mr K Murphy Ms E Whitlam BETWEEN: MISS TEMITOPE OLOYEDE Claimant -and- LONDON BOROUGH OF CROYDON Respondent ON: 5 th , 6 th , 7 th , 8 th and 9 th August 2024 Appearances: For the Claimant: Mr Emmanuel (a friend) For the Respondent: Mr Sheppard (counsel) JUDGMENT The following is the unanimous judgment of the Tribunal. 1. The following complaints under section 15 of the Equality Act 2010, of unfavourable treatment because of something arising in consequence of disability, are well-founded and succeed: 1.1 The decision made on 20 th July 2022 to permanently withdraw the claimant from the apprenticeship; and 1.2 The e-mail sent to the claimant by the Head of Service on 27 th September 2022. 2. The remaining complaints of unfavourable treatment because of something arising in consequence of disability are not well-founded and are dismissed. 3. The complaints under sections 20 and 21 of the Equality Act 2010 of failure to make reasonable adjustments for disability are not well-founded and are dismissed. 2 4. The following complaint of harassment related to disability under section 26 of the Equality Act 2010 is well-founded and succeeds: 4.1 The e-mail sent to the claimant on 27 th September 2022 by the Head of Service. 5. The remaining complaints of harassment related to disability are not well- founded and are dismissed. 6. The respondent shall pay the claimant an amount to be determined at the remedy hearing, to be held on a date to be notified to the parties in due course. Employment Judge Tueje Date: 12 th August 2024 Judgment sent to the parties and entered in the Register on: 15 th August 2024 …