In McManus v British Airways plc, the claimant, a cabin crew member, was accepted to be disabled by reason of depression, anxiety and social phobia. In early 2022, she was preparing to return to work after a long sickness absence.
The claimant was referred to the respondent's in-house occupational health (OH) service. During a telephone consultation, the OH practitioner asked direct questions, including whether the claimant had tried to commit suicide, and commented on the length of support she had received. When the claimant mentioned Access to Work, a government scheme that funds practical workplace support for disabled people, the practitioner said it was "not for people like you, it's for people in wheelchairs".
The claimant brought claims of direct disability discrimination, failure to make reasonable adjustments and disability-related harassment. Harassment is unwanted conduct related to a protected characteristic that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. In assessing effect, a tribunal must consider the person's perception, the other circumstances and whether it is reasonable for the conduct to have that effect.
The employment tribunal dismissed all the claims. Although the remarks were unwanted and related to disability, it was not reasonable, in the context of a medical consultation, to regard them as having the required effect. The Access to...
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