Harkins v Marks and Spencer plc [2026] EAT 131

Appeal against dismissal of claims relating disability related harassment and failure to make reasonable adjustments

The Claimant had a generalised anxiety disorder, depression and PTSD and was a disabled person for the purposes of the Equality Act 2010. She worked as a team manager which required her to supervise other employees working on the shop floor but struggled with the management element of her role. She was also worried about working on the shop floor during Covid as she was shielding her husband. Her complaints to the ET were of harassment including being asked whether she should relinquish her managerial role, an inappropriate discussion between employees about her ill health and when her then line manager enquired whether she had considered giving up her management responsibilities to care for her husband. She also claimed, among other things, of a failure to make reasonable adjustments by not removing her from shop floor duties. The Tribunal dismissed all of the claims.

Recorder Seán Jones KC dismissed all grounds of appeal as broadly the ET had applied the subjective test properly about unwanted conduct, the inquires about a change of role were a proportionate means of achieving a legitimate aim and any issues around performance were not related to the claimant's disability .

https://www.gov.uk/employment-appeal-tribunal-decisions/mrs-mg-harkins-v-marks-and-spencer-plc-2026-eat-131

Published: 23/10/2026 13:21

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