Teaching assistant loses disability claim over representation at disciplinary hearing
A teaching assistant with anxiety and depression failed to prove that a council's refusal to let his mother represent him at a disciplinary appeal was a failure to make reasonable adjustments. The tribunal dismissed the claim.
1 min read · Last updated 19 May 2026
Case details
- #disability-discrimination
- #reasonable-adjustments
- #representation-policy
- #disciplinary-hearing
- #appeal-hearing
- #mental-health
- #teaching-assistant
Key facts
- The claimant was employed as a Teaching Assistant at White Ash Primary School from 1 January 2015 until dismissal on 22 October 2020.
- The claimant was disabled due to anxiety and depression, which was known to the respondent.
- The respondent had a policy allowing only trade union representatives or work colleagues to accompany employees at disciplinary hearings.
- The claimant's mother represented him at the first appeal hearing but was later only allowed to attend as an observer at the final appeal hearing.
- The tribunal found that the claimant had not switched off from wider society and could engage with a trade union representative or written submissions.
- The claim for failure to make reasonable adjustments was dismissed.
Timeline
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Employment started
Claimant began working as a Teaching Assistant at White Ash Primary School.
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Alleged misconduct period begins
Claimant allegedly worked as a self-employed handyman while on sick leave.
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Invitation to investigatory meeting
Claimant invited to investigatory meeting regarding alleged paid work while on sick leave.
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Investigatory meeting not attended
Claimant unable to attend due to mental health; Occupational Health report obtained.
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Invitation to disciplinary hearing
Claimant invited to disciplinary hearing scheduled for 21 October 2020.
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Disciplinary hearing held in absence
Claimant did not attend; hearing proceeded and he was dismissed for gross misconduct.
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Appeal hearing invitation
Claimant invited to appeal hearing on 1 December 2020.
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Appeal postponed
Claimant requested postponement due to mental health; granted.
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First appeal hearing
Appeal hearing commenced with claimant's mother and partner representing him; not concluded.
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Second appeal hearing
Appeal hearing continued but not concluded.
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Third appeal hearing
Appeal hearing not concluded; two governors retired.
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New appeal hearing invitation
Claimant invited to new appeal hearing on 19 October 2021.
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Representation decision
Respondent decided claimant could not be represented by family member; only as observer.
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Final appeal hearing
Appeal hearing held with claimant's mother as observer; appeal upheld.
The legal issue
The tribunal had to decide whether Lancashire County Council failed to make reasonable adjustments by sticking to its policy of only allowing trade union reps or work colleagues as representatives, and by holding the disciplinary hearing on the scheduled date, given the claimant's disability.
The outcome
The tribunal dismissed the claim for failure to make reasonable adjustments.
Key reasons:
- The claimant's disability (anxiety and depression) did not prevent him from engaging with a trade union representative or submitting written representations.
- He had not 'switched off from wider society' and was able to communicate with his mother and partner.
- The respondent's policy was applied consistently and the claimant was offered alternatives.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Employers can rely on existing representation policies if they offer reasonable alternatives, such as trade union reps or written submissions.
- A claimant must show that their disability specifically prevented them from using the available options, not just that they preferred a family member.
- Tribunals will consider whether the employee could engage with the process in any reasonable way, not just their preferred way.
- Having a known disability does not automatically mean every request for adjustment must be granted; the adjustment must be necessary to avoid a substantial disadvantage.
What this case shows
This case highlights the limits of the duty to make reasonable adjustments in a disciplinary context. The claimant, a teaching assistant with five years' service, was dismissed for gross misconduct after allegedly working as a handyman while on sick leave. He suffered from anxiety and depression, which the council accepted as a disability. However, the tribunal found that the council's refusal to let his mother represent him at the appeal hearing was not a failure to make reasonable adjustments.
The key issue was whether the claimant's disability put him at a substantial disadvantage compared to non-disabled employees. The tribunal concluded that he had not 'switched off from wider society' – he could engage with a trade union representative or submit written arguments. The council's policy of only allowing trade union reps or work colleagues was applied consistently, and the claimant was offered alternatives.
What the council did right
Lancashire County Council had a clear policy and offered the claimant the chance to use a trade union rep or submit written representations. They also postponed the appeal multiple times due to his health. The tribunal noted that the claimant's mother was allowed to attend as an observer, and the council had made efforts to accommodate his needs.
Why the result matters
This decision reinforces that employers are not required to abandon reasonable policies simply because an employee prefers a different arrangement. For employees bringing similar claims, it is crucial to demonstrate that the disability specifically prevented them from using the available options – not just that they wanted a family member. The case also shows that the duty to make adjustments is not a blanket requirement to grant every request; it is about removing a substantial disadvantage, not providing the employee's ideal solution.
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