Ms K Black v NHS 24

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104202/2023 5 Held in Glasgow on 29, 30 & 31 January, 1 & 2 February and 4 & 5 March 2024 Employment Judge: M Kearns Members: Mr J McElwee Mr A Matheson 10 Ms K Black Claimant Represented by: Ms E Campbell Solicitor 15 NHS 24 Respondent Represented by: Mr K McGuire - Advocate 20

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous judgment of the Employment Tribunal was that: (1) the claims under sections 20 and 21 Equality Act 2010 are well founded. The respondent failed to comply with its duty to make a reasonable adjustment. The 25 respondent is ordered to pay to the claimant compensation including interest amounting to: Twenty Two Thousand, Two Hundred and Seventy Sev...

REASONS

1. The claimant - who is aged 41 years - is a continuing employee of the respondent. On 4 August 2023, having complied with the early conciliation 35 requirements, she presented an application to the Employment Tribunal in Case no. 4104202/2023 Page 2 which she claimed: (i) disability discrimination by breach of a duty to make reasonable adjustments and (ii) indirect disability discrimination. ...

2. The only adjustment sought by the claimant was that she be permitted to 10 continue her night shift only working pattern following the respondent’s Shift Review process. Following the Preliminary Hearing on 9 October 2023 the respondent was ordered to confirm the basis of its defence that the adjustment sought by the claimant is not reasonable. By email dated 20 November 2023, the respondent...