Northampton General Hospital NHS Trust

Case Summary

The claims for failure to make reasonable adjustments, disability discrimination, harassment, and breach of contract were all dismissed. The claimant was employed by the respondent from 22 November 2021 until her resignation on 30 January 2023.

The tribunal dismissed all claims following a full hearing, finding them not well-founded on their merits.

• •failure to make reasonable adjustments
• •disability discrimination contrary to s.15 of the Equality Act 2010
• •harassment
• •breach of contract (being a failure to pay wages in respect of a period of notice)

1 EMPLOYMENT TRIBUNALS Claimant Respondent Ms Elizabeth Hickman v Northampton General Hospital NHS Trust Heard at: Cambridge On: 9 to 12 September 2024 Before: Employment Judge Andrew Clarke KC Members: Ms C Smith Mr J Vaghela Appearances For the Claimant: In person For the Respondent: Mrs G Holden, counsel JUDGMENT 1. The claims for: 1.1 Failure to make reasonable adjustments, 1.2 Disability discriminaiton contrary to s.15 of the Equality Act 2010, 1.3 Harassment, and 1.4 Breach of contract (being a failure to pay wages in respect of a period of notice) are all dismissed. REASONS Introduction 1. The claimant commenced her claim for constructive unfair dismissal, a failure to make reasonable adjustments, disability related discrimination, harassment and notice pay. As she lacked two years continuous service the claim for unfair dismissal was not allowed to proceed. 2. The nature and extent of the remaining claims was ascertained and the issues arising clarified at a preliminary hearing before Employment Judge 2 Manley on 12 October 2023. It has not been suggested that the list of issues was deficient and it is those issues towards which the evidence has been directed. However, when we come to deal with our decision on certain of the issues, we will point out certain aspects of the case which could have been presented differently, albeit we make clear now that our decision will be that this would not have made any difference to the outcome. 3. We were provided with a bundle of relevant documents and one of witness statements. We read all of the witness statements at the start of the hearing and the documents referred to within them. A few further documents were referred to (and read) as the hearing progressed. 4. Mrs Holden, counsel for the r…