Mid and South Essex NHS Foundation Trust

Case Summary

Ms Ruth Muller complained of disability discrimination and unfair dismissal following her termination by Mid and South Essex NHS Foundation Trust. The claimant, a Healthcare Assistant with dyslexia, dyspraxia, anxiety, depression, and osteoarthritis, was dismissed after an extensive redeployment process and capability assessment. The Tribunal dismissed all discrimination complaints but upheld the unfair dismissal claim, finding the appeal process was procedurally unfair, and awarded a basic award with an 80% Polkey reduction to the compensatory award.

The discrimination claims failed because the Tribunal found the claimant was not treated less favourably because of disability; the respondent provided non-discriminatory explanations for its decisions. The unfair dismissal claim succeeded because although capability was a potentially fair reason for dismissal, the appeal process was procedurally unfair as it should have been paused and handled differently to meet requirements of fairness and natural justice. An 80% Polkey reduction was applied to reflect the very high likelihood dismissal would have occurred in any event given the claimant's inability to perform the substantive role despite extensive adjustments and redeployment attempts.

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• •Direct discrimination under section 13 Equality Act 2010
• •Discrimination arising from disability under section 15 Equality Act 2010
• •Indirect discrimination under section 19 Equality Act 2010
• •Failure to make reasonable adjustments under sections 20-21 Equality Act 2010
• •Harassment related to disability under section 26 Equality Act 2010
• •Unfair dismissal under sections 94 and 98 Employment Rights Act 1996
• •Fairness of appeal process
• •Polkey reduction and mitigation of loss

- 1 - EMPLOYMENT TRIBUNALS Claimant: Ms Ruth Muller Respondent: Mid and South Essex NHS Foundation Trust Heard at: East London Hearing Centre (by Cloud Video Platform) On: 15, 16, 17, 18, 19, 22, 23, 24 September 2025; 27 (AM), 29 (PM) (27 [PM], 28, 29, 30 [AM] January 2026 in Chambers) Before: Employment Judge B Beyzade Representation For the Claimant: Mr Joel McMillan, Counsel For the Respondent: Miss Jaimie Whiteley, Solicitor Advocate JUDGMENT having been sent to the parties on 19 February 2026 and reasons having been requested in accordance with Rule 60(4D)(b) of The Employment Tribunal Procedure Rules 2024 (as amended) REASONS Introduction 1. The claimant, Ms Ruth Muller, presented complaints arising from the termination of her employment by Mid and South Essex NHS Foundation Trust. The complaints pursued to the Final Hearing comprised complaints of disability discrimination under the Equality Act 2010, namely direct discrimination contrary to section 13, discrimination arising from disability - 2 - contrary to section 15, indirect discrimination contrary to section 19, failure to make reasonable adjustments under sections 20–21, and harassment related to disability contrary to section 26, together with a complaint of unfair dismissal under sections 94 and 98 of the Employment Rights Act 1996. All complaints were resisted by the respondent. 2. The claimant relied on disabilities of i) dyslexia and dyspraxia, ii) anxiety, iii) depression, and iv) osteoarthritis. By the commencement of the Final Hearing, the respondent accepted that the claimant was disabled within the meaning of section 6 of the Equality Act 2010 throughout the material period by reason of dyslexia and dyspraxia, anxiety, depression, and osteoarthritis. The respondent accepted knowledge of dyslexia and dyspraxia from 21 October 2019, and of osteoarthritis from M…