Ms M Donnelly v South Lanarkshire Council

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4101078/2023 Held inGlasgow on 22 to 24 August 2023 5 Employment Judge L Wiseman Tribunal Member E Farrell Tribunal Member K McKenna Ms M Donnelly Claimant 10 Represented by: Mr R Dorrian - Solicitor 15 South Lanarkshire Council Respondent Represented by: Mr S O’Neill - Solicitor 20

JUDGMENT OF THE EMPLOYMENT TRIBUNAL 25 1. The Tribunal decided to dismiss the claim.

REASONS 1, The claimant presented a claim tothe Employment Tribunal on the 23 January 2023 alleging she had been unfairly dismissed and discriminated against because ofdisability. 30 2. The respondent entered a response in which itaccepted the claimant had been dismissed for reasons ofcapability,but denied the dismissal was unfair and denied theallegations of discrimination. 4101078/2023 Page 2

3. The respondent, prior to the commencement of this hearing, accepted the claimant was a disabled person in terms of section 6 of the Equality Act. The claimant has Anxiety and Depression. The respondent also accepted they had constructive knowledge of the disabilityat the time of the dismissal. 5 4. The issues for the Tribunal todetermine were: a. was the claimant unfairly dismissed in terms ...

5. We heard evidence from the claimant, Ms Fiona Menzies, Personnel Advisor, 15 who was the claimant’s line manager, and Ms Faye Meldrum, Personnel Advisor who took the decision to dismiss.