Betsi Cadwaladr University Health Board v Hughes and Others: EAT 28 Feb 2014

EAT Disability Discrimination : A senior nurse contracted Parkinson’s, and could no longer do clinical work. Her grade and pay was maintained by creating a non-clinical post for her, which initially was a meaningful job, but which by a series of events became menial. The Employment Tribunal considered that a number of matters, of which this was the principal one, constituted unwanted conduct which had the effect of violating her dignity and of creating a demeaning environment. Some of those matters taken individually did not justify that conclusion, in particular because it was not reasonable for them to have that effect – thus it was wrong to hold that a letter saying that as the recipients knew her health had deteriorated such that she could no longer do clinical work, and making references to an occupational health doctor, were acts of harassment. It was also unfair to find as part of the harassment that the Claimant had been told she would be ‘performance managed’ when that had not been alleged as an act of harassment in her ET1, at a CMD, in further particulars of her claim or in her witness statement, and when (the matter having come to light during evidence) it was argued about in relation to other grounds (direct discrimination and victimisation) both of which were dismissed on their merits. However, the central thrust of the finding was clear, and the conclusion of the ET as to jurisdiction on time grounds was one it was entitled to reach. Appeal allowed in part.

Langstaff P J
[2014] UKEAT 0179 – 13 – 2802
England and Wales

Employment, Discrimination

Updated: 03 December 2021; Ref: scu.526079