Northampton General Hospital NHS Trust

Case Summary

The claimant succeeded in her complaint that the respondent failed to comply with its duty to make adjustments. The remaining complaints were not well-founded and dismissed.

The claimant succeeded in establishing that the respondent failed to comply with its duty to make reasonable adjustments, but her remaining complaints were rejected on their merits after full consideration of the evidence.

• •duty to make adjustments under Section 20 of the Equality Act 2010
• •discrimination against a disabled person under sections 15, 20/21 and 26 of the Equality Act 2010
• •unfair constructive dismissal

; 3308932/2023. 1 EMPLOYMENT TRIBUNALS Claimant Respondent Ms Malgorzata Polnik v Northampton General Hospital NHS Trust Heard at: Cambridge On: 21, 22, 23, 27 and 28 January, and 16 June 2025 Cambers Discussion: 17 and 18 June 2025 (am) Judgment: 18 June 2025 (pm) Before: Employment Judge Tynan Members: Mrs C Smith, Ms E Deem Appearances For the Claimant: Mr R Ross, Counsel For the Respondent: Mr B Amunwa, Counsel JUDGMENT 1. The Claimant’s complaint that the Respondent failed to comply with its duty to make adjustments, in contravention of Section 20 of the Equality Act 2010, succeeds in respect of the second limb of the third PCP (issue 9.2.3). 2. The Claimant’s remaining complaints that she was discriminated against as a disabled person pursuant to sections 15, 20/21 and 26 of the Equality Act 2010 and her further complaint that she was unfairly constructively dismissed are not well-founded and are dismissed. REASONS 1. The Tribunal gave an oral judgment on 18 June 2025, at the conclusion of which the Respondent requested written reasons in accordance with Rule 60(4) of the Employment Tribunal Procedure Rule 2024. ; 3308932/2023. 2 Introduction 2. The Claimant presented her first claim to the employment tribunals on 19 November 2022 following acas early conciliation between 8 September and 20 October 2022. She was then still employed by the Respondent and claimed that she had been discriminated against as a disabled person. She subsequently resigned her employment with effect from 28 April 2023 and presented a second claim on 24 July 2023, which included a complaint of unfair constructive dismissal. 3. At the time of …