A science assistant has won a disability discrimination case after claiming working at a main building in her school left a 'debilitating' impact on her anxiety.
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working → win → anxiety
Christina Wells, a former administrative assistant at Countesthorpe Academy in Leicestershire, said she suffered stress and anxiety after being asked to cover work in a busy building following a restructuring process at the school.
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she → say → school
Mrs Wells - who began teaching at the school in 2004 - claimed going to 'unfamiliar places' in the school for meetings also affected her mental health and was given a separate office near her department as a result.
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going → begin → result
But despite health reports and suggestions for adjustments to the school being made, Mrs Wells was left 'extremely upset' after she was told formal procedures were beginning against her.
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procedures → make → her
She then took the case to an employment tribunal after her grievances were unsuccessful, where it was found the letter telling her formal procedures were beginning constituted disability discrimination.
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procedures → take → discrimination
Now, Mrs Wells is in line for compensation after winning her case.
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Wells → win → case
Christina Wells has won a disability discrimination case after claiming working at a main building in her school left a 'debilitating' impact on her anxiety (Pictured: Countesthorpe Academy in Leicestershire)
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working → win → Leicestershire
Nottingham Employment Tribunal heard Mrs Wells started teaching at Countesthorpe Academy in September 2004.
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Wells → hear → September
In 2011, she was appointed as a departmental administrative assistant (DA) in the science department and continued in that role until the time of her grievance.
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she → appoint → grievance
In March 2020, the academy joined the LIFE Multi Academy Trust and a restructure was proposed the following year to save money.
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restructure → join → money
This meant the administrative staff in the main office were moved out of the academy and the DAs - including Mrs Wells - had to cover some work that needed to be undertaken in the main office.
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that → mean → office
The main office - situated within the entrance to the academy - is only accessible through the main building, which Mrs Wells said she could not do because of her anxiety.
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she → situate → anxiety
She claimed doing so would result in her coming into contact with others which she could not do especially around the time of the Covid-19 pandemic.
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she → claim → pandemic
After the pandemic began, it was heard Mrs Wells did not attend school and was placed on unpaid leave and referred to occupational health.
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Wells → begin → health
A report was written about her which said she was temporarily unfit for work, her return date was 'unidentifiable' and that she should be given a 'well-ventilated office with limited access by people' when she returned.
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she → write → people
Mrs Wells is in line for compensation after winning her case at an employment tribunal
Prior to the pandemic, Mrs Wells worked in the main science office but following her return she was given a separate office off to the side of the main office.
In 2021, a further health report found the 'debilitating impact of her anxiety' was a 'barrier' to working in the school building but she could still work from home.
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she → win → home
Following a meeting with the headteacher, Catherine Aitcheson, another health report was written in October 2022 to look into her 'prolonged sickness'.
Mrs Aitcheson later wrote to Mrs Wells saying they would not be able to provide an different room for her to work in on a permanent basis and they did not have any alternative jobs she could do.
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she → follow → jobs
Mrs Wells suggested she work a four-hour working week, but this was not initially accepted.
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this → suggest → week
She replied to Mrs Aitcheson saying this was causing her stress and anxiety as she was required to attend meetings in 'unfamiliar places'.
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she → reply → places
In December 2022, Mrs Wells received a letter saying formal processes were being commenced due to her attendance, which 'shocked' her and made her 'extremely upset'.
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her → receive → her
It was then Mrs Wells raised a grievance against the school and said she had lost trust in Mrs Aitcheson.
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she → raise → Aitcheson
The grievance process found the school's previous headteacher, Gareth Williams, had said to Mrs Wells in a meeting: 'If I were you I would be wondering how on earth you are working in a school.
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you → find → school
You work in a very busy environment, where there are always coughs and sneezes, but you come into school every day in an environment which must cause havoc with your anxiety.'
It was eventually found the academy had made reasonable adjustments to accommodate her and the grievance was unsubstantiated.
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grievance → work → her
Mrs Wells unsuccessfully appealed the decision.
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Wells → appeal → decision
She then brought claims of indirect disability discrimination, failure to make reasonable adjustments, disability harassment and victimisation to an online employment tribunal held in Nottingham.
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She → bring → Nottingham
All her claims were dismissed except for part of the disability discrimination in relation to the sending of the letter in December 2022.
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claims → dismiss → December
Employment Judge Elizabeth Heap said she was not 'satisfied' that Mrs Wells was placed at the asserted substantial disadvantage.
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Wells → say → disadvantage
She said: 'In relation to the requirement to work in the main office [Mrs Wells] relies on being unable to comply with a new job requirement for which she could be disciplined and resulted in her having to raise a grievance.
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her → say → grievance
There was never any suggestion that [Mrs Wells] was going to be disciplined for not working in the main office although we accept that she may well have been concerned that that might eventually result.
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that → be → office
'Moreover, we are satisfied in all events that [LIFE Multi Academy Trust] via Mr. Williams has made reasonable adjustments for her because she has in fact never been required to work in the main office.
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she → make → office
We have to then consider whether the comment [by Mr Williams] had the purpose or effect of violating [Mrs Wells'] dignity and/or creating an environment that was intimidating, hostile, degrading, humiliating or offensive to [Mrs Wells].
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that → have → Wells
'The comment plainly did not have the purpose of creating such an environment.'
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comment → have → environment
The Aporia
