A Crown Prosecution Service barrister’s claims of disability discrimination against the CPS have been dismissed by an employment tribunal.
Neil Moore joined the CPS as a principal Crown advocate in 2014 before becoming principal legal adviser to the director of public prosecutions. The role was abolished when the DPP changed and Moore was told he had to return to his role as advocate. The incident ‘triggered a lengthy episode of depression’, the employment tribunal judgment said.
It added: ‘The claimant is a high achiever and has always been very dedicated to his work and finds professional disappointment difficult to handle, particularly if he has a sense of injustice.’
Moore was diagnosed with fibromyalgia in 2019. Unable to conduct advocacy while adjusting to the condition, he was moved to the CPS’ central legal training team. Moore has since returned to advocacy.
During his adjustment, Moore was served with a written notice of expectation of attendance (WNEAs), which the tribunal said was the ‘lowest level of statement of expectation’. It ‘had the benefit of alerting [Moore] at an early stage about expectations, rather than leaving him potentially to build up a lengthy sickness absence record and suddenly take more severe action’. However Moore had become ‘very upset because it fed into his depression and anxiety’.
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It added: ‘Work is everything to the claimant and he was concerned about the effect on his professional reputation, as well as a future risk to his job.’
After 76 days absence, Moore was served with a second notice. He claimed that the notices amounted to discrimination under Section 15 of the Equality Act.
However the tribunal found the notices to be proportionate means of achieving a legitimate aim. Moore's reasonable adjustment claim and indirect discrimination claim both failed.
