PTSD from passenger assaults: employer failed to redeploy Revenue Control Officer
A Revenue Control Officer with PTSD after four passenger assaults was not redeployed to a non-customer-facing role. The tribunal found the employer failed to make reasonable adjustments and discriminated against her.
1 min read · Last updated 18 May 2026
Case details
- #ptsd
- #revenue-control-officer
- #passenger-assaults
- #redeployment-failure
- #online-testing
- #capability-meeting
- #discrimination-arising-from-disability
Key facts
- Ms Muir was employed as a Revenue Control Officer from 15 April 2019.
- She suffered four assaults by passengers between July 2019 and January 2020.
- She was diagnosed with PTSD and unable to return to customer-facing work.
- The respondent failed to redeploy her to a non-customer-facing role despite OH recommendations.
- She was invited to a capability meeting on 29 July 2020 which threatened dismissal.
- She made over 25 unsuccessful job applications, often failing online tests.
Timeline
-
Employment started
Ms Muir began work as a Revenue Control Officer at London Blackfriars station.
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First assault
A customer grabbed Ms Muir's arm; reported and investigated.
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Second assault
White male passenger grabbed her shoulder; Mr Hughes reprimanded her for taking a photo and did not investigate.
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Third incident
Racist abuse from a white passenger; Mr Hughes investigated but did not share findings.
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Fourth assault
White male passenger barged into her; she reported it but no emergency call was made.
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Sick leave started
Ms Muir's GP signed her off with work stress and PTSD symptoms.
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First OH report
OH recommended a non-customer-facing role for her return.
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OH permanent unfit
OH classified Ms Muir as permanently unfit for RCO role.
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First capability meeting
Invitation to discuss her ongoing employment; tribunal found this proportionate.
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Second capability meeting invitation
Invitation threatening dismissal; tribunal found this discriminatory.
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Trainee Train Planner application
Ms Muir applied but failed online test; tribunal found failure to redeploy.
-
HR Administrator application
Failed online test; tribunal found failure to redeploy.
-
Health Clinical Admin Support application
Failed online test; tribunal found failure to redeploy.
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Fleet Admin Support application
Failed online test; tribunal found failure to redeploy.
The legal issue
The tribunal had to decide whether the employer failed to make reasonable adjustments for the officer's PTSD by not redeploying her to a non-customer-facing role, and whether the invitation to a capability meeting on 29 July 2020 was discrimination arising from disability.
The outcome
The tribunal upheld claims of failure to make reasonable adjustments and discrimination arising from disability.
Key reasons:
- The respondent knew the officer was disabled with PTSD and that her customer-facing role put her at a substantial disadvantage.
- Despite occupational health recommendations, the respondent failed to redeploy her to an administrative role or to four specific posts she applied for between September 2020 and February 2022.
- The invitation to a capability meeting on 29 July 2020, which threatened dismissal, was unfavourable treatment arising from her disability.
- However, an earlier capability meeting on 13 July 2020 was not discriminatory.
Compensation is to be determined at a remedy hearing.
Lessons & takeaways
- Employers must actively consider redeployment to a suitable alternative role when an employee becomes disabled and cannot perform their current role.
- Occupational health recommendations should be taken seriously and acted upon promptly to avoid claims of failure to make reasonable adjustments.
- Inviting a disabled employee to a capability meeting that threatens dismissal can itself be discriminatory if it arises from their disability.
- Multiple failed job applications by a disabled employee may indicate a failure to make reasonable adjustments if the employer does not provide support or alternative routes.
- Even with short service (10 months), employees can bring successful disability discrimination claims if the employer fails to meet its obligations.
This case highlights the duty on employers to make reasonable adjustments for disabled employees, particularly when the employee's role itself causes or exacerbates their disability. The Revenue Control Officer developed PTSD after being assaulted by passengers on four separate occasions. Despite occupational health recommending a non-customer-facing role, the employer failed to redeploy her to any administrative position.
What went wrong
The employer invited the officer to a capability meeting in July 2020 that threatened dismissal. While the first such meeting was found proportionate, the second meeting was discriminatory because it was triggered by her disability-related absence. The employer also failed to redeploy her to four specific roles she applied for over nearly two years, often because she failed online tests. The tribunal found that the employer should have done more to support her into a suitable role.
What could have been done differently
The employer could have taken several steps to avoid this outcome: acting on the occupational health advice immediately, providing alternative support for online testing, and considering redeployment to a role that did not involve public contact. A proactive approach to finding a suitable vacancy would have likely prevented the discrimination claim.
Why this matters
This case shows that the duty to make reasonable adjustments is not a passive one. Employers cannot simply wait for employees to find their own alternative roles; they must take active steps to identify and offer suitable positions. The fact that the officer had only 10 months' service did not prevent her from succeeding in her disability discrimination claims. The case also serves as a reminder that capability procedures must be handled carefully when an employee's absence is disability-related.
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