Royal Berkshire NHS Foundation Trust

Case Summary

The claimant, Mr A Macleod, was found to have been subject to direct disability discrimination by the Royal Berkshire NHS Foundation Trust due to comments made by Dr Barker. The tribunal dismissed his other claims.

The tribunal found that the claimant was subject to direct disability discrimination by Dr Barker's comments, but dismissed his other claims on their merits after a full hearing.

• •direct disability discrimination by the respondent in respect of comments made by Dr Barker during a meeting on 3 May 2018

3320811/2019 3320812/2019 3328251/2019 EMPLOYMENT TRIBUNALS Claimant: Respondent: Mr A Macleod v Royal Berkshire NHS Foundation Trust Heard at: Reading On: 31 January 2022 2 - 8, 10-15 February 2022 20, 21, 23 & 24 June 2022 7 & 8 November 2022 30 & 31 January 2023 3 February 2023 29 March 2023 13 June 2023 and in chambers: 1, 9 February, 22 June 2022 12, 14 June 2023, 4, 5, 26-28 July 2023 Before: Employment Judge Anstis Mr C Juden Mr F Wright Appearances: For the Claimant: In person For the Respondent: Ms E Misra (KC from 27 March 2023) (counsel) RESERVED JUDGMENT 1. The claimant was subject to direct disability discrimination by the respondent in respect of comments made by Dr Barker during a meeting on 3 May 2018 (as described below). 2. The claimant’s other claims are dismissed. 3320811/2019 3320812/2019 3328251/2019 REASONS A. INTRODUCTION Introduction 1. The claimant was employed by the respondent as a Trauma and Orthopaedic Consultant. His employment started in February 2008. We were told during the course of the hearing that his employment has since ended, but these claims are not about the termination of his employment. 2. The claimant brings claims of disability discrimination. He says that he has autism and that this amounts to a disability under the terms of the Equality Act 2010. The respondent accepts that at all material times the claimant was a disabled person by reason of autism. The claimant describes autism as “a lifelong developmental disability that affects how people communicate and interact with others”. 3. Adopting the claimant’s language, he describes individuals without autism as being “neurotypical”. The claimant’s witness statement addressed broad themes of the difficulties that people with autism have in a world that is predominantly neurotypical. We will come later to the specific allegations of dis…