The Kemnal Academies Trust

Case Summary

The claimant, a maths teacher and Director of Mathematics, claimed unfair dismissal and disability discrimination following termination on grounds of incapability due to ill-health. The tribunal found the unfair dismissal claim failed but upheld four disability discrimination complaints relating to breaches of the duty to make reasonable adjustments and one count of harassment. Remedy was deferred to a hearing on 23 June 2026.

The unfair dismissal claim failed because the respondent had a fair reason for dismissal (capability/ill-health) and followed a fair procedure in reaching its decision. The disability discrimination claims partially succeeded because the respondent breached its duty to make reasonable adjustments in relation to specific incidents on 6 May 2021, 7 May 2021, 14 May 2021, and 22 November 2021, and one of these incidents also constituted harassment.

• •Whether dismissal on grounds of capability (ill-health) was fair
• •Whether respondent followed fair procedure in dismissal
• •Whether disability discrimination complaints succeeded
• •Duty to make reasonable adjustments
• •Harassment arising from disability
• •When respondent acquired knowledge of claimant's disabilities (ADHD, autistic spectrum disorder, dyspraxia and anxiety)

1 THE EMPLOYMENT TRIBUNAL SITTING AT: LONDON SOUTH BEFORE: EMPLOYMENT JUDGE ANDREWS MEMBERS: Mr M Cann Ms J Jerram BETWEEN: Mr N Bola Claimant and The Kemnal Academies Trust Respondent ON: 10 November 2025 – 5 December 2025 (excl 3 & 4 December) 8-10 December 2025 and 13 & 14 January 2026 in chambers Appearances: For the Claimant: In person For the Respondent: Mr C Crow, Counsel LIABILITY JUDGMENT The unanimous decision of the Tribunal is that: 1) The complaint of unfair dismissal fails and is dismissed. 2) The following complaints of disability discrimination succeed: a) the suggestion on 6 May 2021 that the claimant should meet with Ms Vellai and Mr Narain was a breach of the duty to make reasonable adjustments; b) the failure to notify the claimant of changes to his class due on 7 May 2021 was a breach of the duty to make reasonable adjustments and arose from his disability; 2 c) the inaccurate comment on 14 May 2021 regarding the claimant’s marking was a breach of the duty to make reasonable adjustments and harassment; and d) sending an email to the claimant from a generic email address on 22 November 2021 was a breach of the duty to make reasonable adjustments and arose from his disability. 3) The remaining complaints of disability discrimination fail and are dismissed. 4) Remedy will be considered at a hearing on 23 June 2026. Directions for that hearing and further details appear below. REASONS 1. By a claim form submitted on 28 February 2022, the claimant says that he has been unfairly dismissed and subjected to various types of disability discrimination. The respondent says that the dismissal was by reason of the claimant’s capability and was fair. It accepts that the claimant was disabled at the relevant times by reason of ADHD, autistic spectrum disorder, dyspr…