Mr P Chapman v Truro Sawmills Ltd — 2019

Mr Chapman worked for Truro Sawmills Ltd as a Saw Doctor/Fitter from 7 November 2005 until 13 November 2018. After an accident on 20 March 2018 he lost two phalanges of the non-dominant left index finger. The respondent accepted that he was disabled within the meaning of the Equality Act 2010. The tribunal did not make findings about the circumstances of the accident itself, noting that those matters were for a separate personal injury claim.

The unfair dismissal claim was dismissed on illegality grounds. The tribunal accepted that, since summer 2015, the claimant had knowingly received an extra £200 per month in cash and £40 in cash each Saturday worked, with no tax or National Insurance deducted. Referring to Hall v Woolston Hall Leisure Limited, Leighton v Michael, Newland v Simons and Willer (Hairdressers) Limited, and Patel v Mirza, it held that it was a proportionate response not to permit the claimant to pursue an unfair dismissal claim based on enforcing a contract tainted with illegality.

The disability discrimination claim was also dismissed. The tribunal accepted that the respondent wanted the claimant back, either in his former role or an adjusted role, and had arranged occupational health input and a capability meeting. However, it found on the balance of probabilities that the claimant did not want to return to work at Truro Sawmills, and that his communications, including the without prejudice letter seeking an ex gratia payment, were consistent with that position. On that basis, the tribunal rejected the factual premise of the disability discrimination case, including the complaints about consultation and reasonable adjustments.

No remedy was awarded because both claims failed.