Case 1308519/2022 · Employment Tribunal
Mr Wooton v Specialist Building Services — 2023
- Case reference
- 1308519/2022
- Decision date
- 8 December 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Childe
- Panel members
- Mrs Chavda, Mr Woodall
Parties
2 namedClaimant
Mr Wooton
Respondent
Key findings
Tribunal's reasoningAt the Birmingham hybrid hearing on 4-8 December 2023, Employment Judge Childe sitting with Mrs Chavda and Mr Woodall found the claimant's unfair dismissal complaint well-founded. The tribunal also found that the claimant did not cause or contribute to the dismissal by blameworthy conduct and that it was not just and equitable to reduce any compensatory award on that basis.
The complaints of detriment and/or dismissal for making protected disclosures and for asserting a statutory right were dismissed on withdrawal. The indirect disability discrimination complaint was also dismissed on withdrawal. The written record states that reasons were given orally and that written reasons would not be provided unless requested.
The tribunal upheld the disability discrimination complaints of unfavourable treatment because of something arising in consequence of disability, failure to make reasonable adjustments, victimisation, and discriminatory dismissal. The reasonable-adjustments findings concerned the respondent requiring the claimant to return to work with contact with his line manager, Jason Swinney, who was causing him stress, and not allowing the claimant's companion to attend the 4 July 2022 meeting. The extract does not record any monetary award.
Claims and outcomes
8 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the dismissal unfair and also found that the claimant did not cause or contribute to the dismissal by blameworthy conduct; it said it was not just and equitable to reduce any compensatory award on that basis. | Upheld | — | — |
| Whistleblowing | Dismissed on withdrawal; the extract does not identify the protected disclosures relied on. | Withdrawn | — | — |
| Other | Dismissed on withdrawal; the extract does not identify the statutory right asserted. | Withdrawn | — | — |
| Disability discrimination | Indirect disability discrimination complaint dismissed on withdrawal. | Withdrawn | Disability | — |
| Disability discrimination | Complaint upheld; the extract does not provide further reasoning. | Upheld | Disability | — |
| Disability discrimination | Succeeded on two particulars: the respondent requiring the claimant to return to work with contact with his line manager, Jason Swinney, and not allowing the claimant's companion to attend the 4 July 2022 meeting. |
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.
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