Waterstones Booksellers Ltd

Case Summary

The tribunal dismissed Ms N Raif's claims of unfair dismissal and failure to make reasonable adjustments for her disabilities, finding that the respondent was aware of her conditions but had provided flexible working arrangements. The tribunal also found no evidence of harassment.

The tribunal dismissed the claims on their merits after finding that the respondent was aware of Ms Raif's disabilities and had provided flexible working arrangements, and that there was no evidence of harassment.

• •Unfair (constructive) dismissal: Did the respondent fail to provide support which could have improved her performance; did it subject the claimant to harassment related to disability in the workplace; did it fail to provide a safe working environment for the claimant?
• •Reasonable Adjustments: Did the respondent know or could it reasonably have been expected to know that the claimant had the disability? From what date? Did the respondent have PCPs and if so, were they reasonable adjustments?
• •Harassment related to disability: Did the respondent do things such as reacting in a hostile way to requests for reasonable adjustments; withholding work from the claimant by not giving full context of the work?

1 EMPLOYMENT TRIBUNALS Claimant: Ms N Raif Respondent: Waterstones Booksellers Ltd Heard at: London Central On: 10, 11, 12, 13, November 2025 and 14 November (in chambers) Before: Employment Judge Davidson Ms P Keating Ms D Olulode REPRESENTATION: Claimant: in person Respondent: Mr P Wilson, Counsel RESERVED JUDGMENT The unanimous decision of the tribunal is: 1. Failure to make reasonable adjustments for disability The complaint of failure to make reasonable adjustments for disability is not well-founded and is dismissed. 2. Harassment The complaint of harassment related to disability is not well-founded and is dismissed. 3. Unfair Dismissal The complaint of unfair dismissal is not well-founded and is dismissed. REASONS Issues 1. The issues were set out by EJ Boyle at a case management hearing on 20 January 2025 as follows: 2 1. Unfair (constructive) dismissal 1.1 Was the claimant dismissed? 1.1.1 Did the respondent do the following things: 1.1.1.1 Fail to provide support which could have improved her performance; 1.1.1.2 Fail to respond to requests for reasonable adjustments; 1.1.1.3 Subject the claimant to harassment related to disability in the workplace; 1.1.1.4 Fail to provide a safe working environment for the claimant? 1.1.2 Did that breach the implied term of trust and confidence? The Tribunal will need to decide: 1.1.2.1 whether the respondent behaved in a way that was calculated or likely to destroy or seriously damage the trust and confidence between the claimant and the respondent; and 1.1.2.2 whether it had reasonable and proper cause for doing so. 1.1.3 Did the claimant resign in response to the breach? The Tribunal will need to decide whether the breach of contract was a reason for the claimant’s resignation. 1.1.4 Did the claimant affirm the contract be…