Barchester Health Care Ltd

Case Summary

The claimant's disability discrimination claim succeeded in part. The tribunal found that the respondent failed to reasonably adjust rostering on 16-20 March 2024 and failed to reasonably adjust in relation to excessive workload on 22 April 2024, and committed harassment and victimisation through disability-related remarks and threats of NMC referral. Remedy is to be determined at a subsequent hearing.

The tribunal found that the claimant had a disability and that the respondent failed to make reasonable adjustments in rostering and workload management on the specific dates in March and April 2024, and committed harassment through disability-related remarks and threats of NMC referral. The victimisation complaint succeeded because the NMC referral threat was made in response to the claimant's protected act complaint.

• •Failure to make reasonable adjustments in rostering
• •Failure to make reasonable adjustments regarding excessive workload
• •Harassment related to disability remarks and threats of NMC referral
• •Victimisation following protected act complaint about workload and reasonable adjustment failures

Case No: 6004086-24 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr Ian Wroe Respondent: Barchester Health Care Limited JUDGMENT 1. The claimant’s claim for disability discrimination succeeds in part. 2. The following complaints are well founded and succeed i) Failure to reasonably adjust in rostering on 16 – 20 March 2024. ii) Failure to reasonably adjust in relation to the excessive workload on 22 April 2024. iii) Harassment; in relation to the disability related remark “pretty poor show” on 22 April 2024, the threat of a referral to NMC on 22 April and the reference to leaving the unit unsafe on 22 April 2024. iv) Victimisation in threatening to refer the claimant to NMC after he had sent an email which amount to a protected act complaining about his excessive workload and failure to reasonably adjust on 22 April 2024. 3. The following complaints are not well founded and fail i) Failure to reasonably adjust in rostering on 19,20 and 22 January 2024. Case No: 6004086-24 2 of 2 ii) Failure to reasonably adjust in rostering on 18,19,20 and 22 February 2024. iii) Harassment in failing to reply to an email dated 7 April 2024, in not providing a return to work interview, in referring to the 22 April incident in a letter acknowledging resignation and in failing to investigate the 22 April incident. 4. A remedy hearing is to take place on paper in chambers after the parties have made written submissions on remedy including recommendations. A separate case management order and notice of hearing will be sent. _____________________________ This judgment has been approved for promulgation by Employment Judge Aspinall on DATE 2 April 2026 JUDGMENT SENT TO THE PARTIES ON 28 April 2026 FOR THE TRIBUNAL OFFICE Notes Reasons for the j…