Miss R Wilson and Ms F Khan v Nottingham City Council: 2601497/2018 and 2601507/2018
| Judgment Date | 29 April 2020 |
| Citation | 2601497/2018 and 2601507/2018 |
| Published date | 07 May 2020 |
| Court | Employment Tribunal |
| Subject Matter | Disability Discrimination |
Case No: 2601497/2018
2601507/2018
Page 1 of 31
EMPLOYMENT TRIBUNALS
Claimant: Miss R Wilson (1)
Ms F Khan (2)
Respondent: Nottingham City Council
Heard at: Nottingham On: 25, 26, 27, 28 & 29 November 2019
In Chambers on 13 & 14 February
2020
Before: Employment Judge Victoria Butler
Mr M Pavey
Mr J Akhtar
Representation
Claimant: Mr A Ross, Counsel
Respondent: Ms C Jennings, Counsel
RESERVED JUDGMENT
The unanimous judgment of the Tribunal is that:
1. The Claimants’ claims of unfair dismissal are not well-founded and are dismissed.
2. The Claimants’ claims of less favourable treatment contrary to Regulation 3 of the
Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
(“FTER”) are not well-founded and are dismissed.
3. The First Claimant’s claim that she was subjected to detriments contrary to
Regulation 6 FTER is not well-founded and is dismissed.
4. The 2nd Claimant’s claim of discrimination arising from disability is not well-founded
and is dismissed.
Case No: 2601497/2018
2601507/2018
Page 2 of 31
5. The 2nd Claimant’s claim that the Respondent failed to make reasonable adjustments
is not well-founded and is dismissed.
REASONS
Background to this claim
1. Miss Wilson was employed by the Respondent as a Volunteer Programme
Coordinator and Ms Khan as a Family Learning Assistant. Both were employed on
fixed-term contracts until their dismissal with effect from 31 March 2018. (NB Ms
Khan held another role with the Respondent, that of Student Action Officer. She
remains employed in that role and it is not subject to these proceedings. Miss Wilson
secured an alternative role with the Respondent after her dismissal).
2. The Claimants notified ACAS on 22 February 2018 and entered into a period of early
conciliation, after which ACAS issued the Early Conciliation Certificate on 22 March
2018. Miss Wilson presented her ET1 to the Tribunal on 27 June 2018 and Miss
Khan presented hers on 28 June 2018. The Respondent submitted ET3s in respect
of both on 16 August 2018. Both Claimants claim unfair dismissal and breaches of
the FTWR.
3. Ms Khan also brings claims of discrimination arising from disability and a failure to
make reasonable adjustments, and relies on the condition of hypothyroidism. The
Respondent initially disputed that she was disabled for the purposes of s.6 of the
Equality Act 2010 (“EQA”). At a preliminary hearing before Employment Judge
Legard on 26 October 2018, Ms Khan was ordered to produce all relevant medical
records relating to her condition, along with an impact statement. On review, the
Respondent conceded that she was a disabled person by virtue of her
hypothyroidism from 22 February 2018 onwards. However, it only had the requisite
knowledge of her disability from 3 July 2018 on receipt of an Occupational Health
report, after her dismissal from her fixed-term contract.
The issues
4. The issues agreed between the parties are as follows:
Unfair Dismissal
1. Both Claimants bring complaints of unfair dismissal under Section 111 ERA
arising out of their dismissals on 31 March 2018.
2. Was the (principal) reason for Ms Khan’s dismissal that she had alleged that R
had infringed the Regulations, refused (or proposed to refuse) to forego a right
conferred on her by the Regulations, or done anything under the Regulations in
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