The case resulted in the tribunal finding United Learning Trust’s decision not to immediately allow Mr Day-Davis to return to work upon receipt of his psychologist report amounted to disability discrimination.
However, had the delay been a result of the school carrying out a risk assessment prior to Mr Day-Davis returning, the outcome may have been different.
In addition to the suspension, the tribunal also considered a previous first written warning given to Mr Day-Davis for poor attendance, to be discriminatory on the basis that the school’s policy stated that disability-related absences may be discounted where appropriate.
Alongside the discrimination claims, Mr Day-Davis did argue that the trust should pay for his private medical care, but the tribunal rejected this. In exceptional cases, this could have been considered to be a reasonable adjustment; however, Mr Day-Davis had previously been receiving adequate treatment through the NHS, so he did not require a private medical care provider.
Although the trust had made some reasonable adjustments to support Mr Day-Davis with his condition, including reducing his teaching time to minimise the risk of his episodes being triggered, they were found not to have complied with the legislation in other respects.
This case highlights the importance of seeking immediate legal advice when faced with complex issues such as mental health disabilities, as many common reasonable adjustments fall below the high standards set out in the Equality Act 2010.