Call centre agent's disability claims against managers dismissed
A call centre agent with learning difficulties failed to prove that his managers discriminated against him. The tribunal dismissed claims of failure to make reasonable adjustments and harassment.
1 min read · Last updated 19 May 2026
Case details
- #disability-discrimination
- #learning-difficulties
- #dyslexia
- #costochondritis
- #probationary-review
- #call-centre-agent
Key facts
- The claimant was employed as a call centre agent from July 2021 to May 2022.
- The claimant had learning difficulties (Specific Language Disorder) which were found to be a disability.
- The claimant's costochondritis was not found to be a disability as it did not meet the long-term condition.
- The claimant brought claims against his managers, not his employer Capita plc.
- The tribunal found that the managers did not discriminate against the claimant.
- The claimant's claims against the managers were dismissed.
Timeline
-
Employment started
Claimant commenced employment with Capita as a call centre agent.
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Costochondritis symptoms began
Claimant began experiencing chest pain from costochondritis, later diagnosed.
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Probation extended
Claimant's probationary period extended to 12 April 2022 due to absences.
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Manager aware of dyslexia
Ms Kazmi became aware of claimant's dyslexia in early 2022.
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First probation review meeting
Mr Algunaidi held a probation review meeting with the claimant and his union representative.
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Second probation review meeting
Continuation of probation review meeting; union representative disconnected after disruptive behaviour.
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Dismissal
Claimant dismissed due to unsatisfactory attendance during probation.
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Claim presented
Claimant presented his claim against the managers.
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Preliminary hearing on disability
Employment Judge Knowles held a preliminary hearing to determine disability status.
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Final hearing judgment
Employment Judge Wade dismissed claims against both managers.
The legal issue
The tribunal had to decide whether the claimant's managers discriminated against him by failing to make reasonable adjustments for his learning difficulties and by harassing him related to his disability.
The outcome
The tribunal dismissed all claims against the managers.
The key reasons were:
- The claimant's costochondritis was not a disability as it did not meet the long-term condition requirement.
- The managers were found not to have discriminated against the claimant regarding his learning difficulties.
- No compensation was awarded as the claims failed.
Lessons & takeaways
- If you have a disability, ensure your employer is aware of it and any reasonable adjustments you need.
- Consider bringing claims against your employer rather than individual managers, as the employer may be vicariously liable.
- Keep records of any requests for adjustments and the responses you receive.
- Understand that not all medical conditions meet the legal definition of disability under the Equality Act 2010.
What this case shows in practice
The claimant, a call centre agent with Specific Language Disorder (a learning difficulty), brought claims against his managers rather than his employer, Capita. He alleged that they failed to make reasonable adjustments for his learning difficulties and harassed him. The tribunal found that the managers did not discriminate against him, and the claims were dismissed.
What the losing side could have done differently
Although the claimant was unsuccessful, the case highlights the importance of ensuring that disability status is clearly established and that claims are brought against the correct party. The claimant's costochondritis was not considered a disability because it did not last or was not likely to last 12 months. Additionally, bringing claims against individual managers can be more challenging than against the employer, who may have more resources and be vicariously liable.
Why the result matters for similar claims
This case demonstrates that tribunals will carefully scrutinise whether a condition meets the legal definition of disability. It also shows that employees should consider the practicalities of bringing claims against individuals rather than their employer. The claimant's learning difficulties were accepted as a disability, but the managers were not found to have discriminated, suggesting that the employer's processes may have been adequate.
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