MG Harkins v Marks & Spencer Plc

Facts

Mrs Harkins worked for Marks and Spencer plc from October 1995 and was latterly a Visual Merchandising Team Manager, a role that mainly involved working on the shop floor and managing a small team. It was accepted that she was disabled within the meaning of section 6 of the Equality Act 2010 because of depression and generalised anxiety disorder. Her husband was clinically vulnerable, and her anxiety about catching COVID-19 on the shop floor and passing it to him grew severe. It was then agreed that she would spend less time on the shop floor. At her end-of-year review on 19 April 2021 she was rated "missed" and asked whether she wanted to continue in the leadership role. She later alleged that her ill health had been discussed with a former manager, SF. On 23 August 2021 her new line manager, Mr Sahota, asked whether she had considered stepping down from her managerial role to care for her husband. On 25 August 2021 he said that he had not read her wellbeing documents page by page. She went on long-term sickness absence and was dismissed on capability grounds on 4 March 2022. The Employment Tribunal dismissed all her claims, including claims of harassment, discrimination arising from disability and failure to make reasonable adjustments. The claimant appealed on eight grounds.