Mr Hakan Toraman v Pimsa Automotive UK Ltd — 2024

The Tribunal found that the Claimant was a disabled person at the material time by reason of his emotionally unstable personality disorder (EUPD). Although his impairment did not exhibit itself outwardly in a stable working environment, the Tribunal accepted the impact statement and medical evidence as showing a substantial adverse effect on his ability to carry out day-to-day activities, satisfying section 6 of the Equality Act 2010.

By a majority, the Tribunal found that in the first week of September 2022 Mr Prudent (the Claimant's manager) made a 'crazy' gesture by his head together with a comment acknowledging or referring to the Claimant's mental illness. Given Mr Prudent's knowledge of the Claimant's disability and the surrounding context (including an ongoing dispute about shift work the Claimant felt unable to do because of his disability), the Tribunal concluded there was a sufficiently close connection between the conduct and the protected characteristic, so the conduct 'related to disability' within the meaning of the Equality Act 2010.

On remedy, the Tribunal declined to make any recommendations and held that the Claimant's loss of earnings during later sick leave did not flow from the act of harassment and was therefore not recoverable. Treating the matter as an isolated act with limited repercussions, the Tribunal placed the award at the lower end of the lower Vento band, awarding £1,500 for injury to feelings plus £166 interest (total £1,666). Under s.38 Employment Act 2002, the Respondent was found not to be in breach of its s.1 ERA duty as a signed employment contract was in evidence.