Discrimination and Harassment
Employer: Frimley Health NHS Foundation Trust
All of the claimant's discrimination and harassment claims were dismissed as not well-founded after a full merits hearing, with the tribunal finding that the respondent's actions were not discriminatory and were justified by legitimate patient safety concerns.
Legal Issues (12)
- The key legal issues included whether the respondent had knowledge of the claimant's disability
- whether the claimant was treated unfavourably because of something arising from her disability
- whether the respondent applied provisions
- criteria or practices that placed the claimant at a substantial disadvantage
- whether the respondent failed to make reasonable adjustments
- whether the claimant was harassed related to her disability
- and whether the claimant was treated less favourably because of her race or age. The tribunal also considered the application of the Equality Act 2010
- including sections on direct discrimination
- indirect discrimination
- duty to make reasonable adjustments
- discrimination arising from disability
- and harassment.
