Case 1307874/2019 · Employment Tribunal
Mr M Mandley v JC Bamford Excavators Limited — 2023
- Case reference
- 1307874/2019
- Decision date
- 6 April 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Faulkner
- Venue
- Midlands West
- Panel members
- Miss T Outwin, Ms L Clark
Parties
2 namedClaimant
Mr M Mandley
Respondent
Key findings
Tribunal's reasoningThe tribunal dismissed all of Mr Mandley's complaints against JC Bamford Excavators Limited. It found that the respondent did not contravene section 39 of the Equality Act 2010 by continuing to employ him on a works contract rather than a staff contract from January 2011 until 30 September 2019, or by not paying an additional allowance for works-contract employees from November 2017 until 30 September 2019.
It also found no disability-related harassment under section 40 of the Equality Act 2010 at the meetings or discussions said to have taken place with Mr L Richards around 16 April 2019 and Mr A Brindley around 18 April 2019. The tribunal further held that the respondent did not contravene section 39 by failing to make reasonable adjustments after Mr Mandley's return to work following cochlear implant surgery in August 2019.
On dismissal, the tribunal found that Mr Mandley was not dismissed with effect from 30 September 2019, and his unfair dismissal complaint was accordingly not well-founded. The written record states that all of the claimant's complaints were dismissed and records no monetary award.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Section 39 Equality Act 2010; allegations that the claimant remained on a works contract rather than a staff contract from January 2011 to 30 September 2019 and was not paid an additional allowance for works-contract employees from November 2017 to 30 September 2019. | Dismissed | Disability | — |
| Harassment | Section 40 Equality Act 2010; alleged disability-related harassment at a meeting with Mr L Richards on or around 16 April 2019 and in a discussion with Mr A Brindley on or around 18 April 2019. | Dismissed | Disability | — |
| Disability discrimination | Section 39 Equality Act 2010; alleged failure to make reasonable adjustments following the claimant's return to work after cochlear implant surgery in August 2019. | Dismissed | Disability | — |
| Unfair dismissal | The tribunal found that the claimant was not dismissed with effect from 30 September 2019, so his unfair dismissal complaint was not well-founded. | Dismissed | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.