Catering supervisor with depression: disability discrimination over grievance timing and probation termination
A catering supervisor with depression won over £30,000 after a tribunal found his employer failed to make reasonable adjustments by holding a disciplinary hearing before concluding his grievance and by ending his probation without further extension.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Catering Supervisor from 27 February 2019.
- He disclosed his depression to his line manager on 8 April 2019.
- The respondent conceded disability on 2 February 2022.
- The claimant attempted suicide on 31 July 2019 after feeling overwhelmed by work events.
- The respondent progressed disciplinary proceedings before concluding the claimant's grievance.
- The claimant was dismissed on 20 March 2020 for failing probation, without further extension.
- The tribunal found two failures to make reasonable adjustments: timing of grievance and probation termination.
Timeline
-
Employment commenced
Claimant started as Catering Supervisor at Buffalo Joe's.
-
Disability disclosed
Claimant told Ms Attwood he had depression; offered occupational health referral but declined.
-
Performance Improvement Plan issued
Claimant was issued a PIP by Ms Attwood.
-
Grievance lodged
Claimant wrote a grievance letter about Ms Attwood's behaviour.
-
Suicide attempt
Claimant walked into the path of a lorry on the A12 and was hospitalised.
-
Probation extension letter sent
Respondent sent letter extending probation, unaware of suicide attempt.
-
Occupational health report
Report stated it was imperative to resolve grievances in a timely fashion.
-
Disciplinary hearing (part 1)
Disciplinary hearing held before grievance concluded.
-
Grievance hearing
Grievance hearing held after disciplinary hearing had started.
-
Dismissal
Claimant dismissed for failing probation; no further extension given.
The legal issue
The tribunal had to decide whether the employer failed to make reasonable adjustments for a disabled employee by scheduling a disciplinary hearing before resolving his grievance, and by dismissing him during probation without extending the period to allow for adjustments.
The outcome
The tribunal upheld two claims of failure to make reasonable adjustments:
- Grievance timing: The employer held a disciplinary hearing before the claimant's grievance was concluded, despite an occupational health report stating it was imperative to resolve grievances promptly. This put the claimant at a substantial disadvantage because his depression made it harder to cope with unresolved workplace conflict.
- Probation termination: The employer dismissed the claimant for failing probation without considering a further extension, even though his disability contributed to performance issues.
Compensation:
- Injury to feelings: £26,224 (including interest)
- Financial losses: £4,299.17
- Total: £30,523.17
Lessons & takeaways
- If you disclose a disability, your employer must consider reasonable adjustments before taking disciplinary or dismissal steps.
- Occupational health recommendations about timing of processes should be followed, especially when they relate to mental health.
- Probationary periods do not exempt employers from the duty to make reasonable adjustments.
- Holding a disciplinary hearing before concluding a grievance can be a failure to make reasonable adjustments if it places a disabled employee at a disadvantage.
What this case shows in practice
This case highlights how employers can inadvertently discriminate against disabled employees by failing to adjust procedural timings. The claimant, a catering supervisor with depression, disclosed his condition after just five weeks of service. Despite this, his employer proceeded with a disciplinary hearing before resolving his grievance, and later dismissed him during probation without extending the period to allow for adjustments.
The tribunal found that these actions placed the claimant at a substantial disadvantage compared to non-disabled employees. For someone with depression, unresolved workplace conflict and premature termination of probation can exacerbate symptoms and undermine recovery.
What the employer could have done differently
The University of Essex Campus Services Ltd could have avoided liability by following the occupational health advice to resolve grievances promptly before any disciplinary steps. A simple adjustment—delaying the disciplinary hearing until after the grievance was concluded—would have been reasonable. Similarly, extending the probation period to give the claimant more time to meet performance standards, given his disability, would have been a straightforward adjustment.
Why this result matters
This decision reinforces that the duty to make reasonable adjustments applies from the start of employment, even during probation. It also confirms that procedural fairness—like the order of hearings—can be a reasonable adjustment in itself. For employees with mental health conditions, employers must be proactive in adjusting processes to avoid placing them at a disadvantage.
Similar cases
Phased return not implemented: employer's failure to follow occupational health advice was disability discrimination
A former employee with a disability succeeded in a reasonable adjustments claim after Ocado failed to implement a phased return to work recommended by occupational health. The tribunal awarded £8,271.35, including £5,000 for injury to feelings.
Bus driver with Crohn's disease awarded £25,000 after employer failed to provide suitable shifts
A bus driver with over 30 years' service was awarded £25,000 after his employer repeatedly allocated shifts that did not meet his disability-related needs, causing him to soil himself at work.
Security officer dismissed after back injury: tribunal finds unfair dismissal and disability discrimination
A security officer with six years' service was unfairly dismissed after a back injury. The tribunal also found that CIS Security Ltd failed to make reasonable adjustments and discriminated against him arising from his disability.
Dismissed after 10-month absence: employer's reasonable adjustments were enough
An employment tribunal has upheld the dismissal of an assistant branch manager with 28 years' service who was absent for 10 months with anxiety. The employer had offered multiple adjustments but the claimant insisted on a customer ban.