Mr M Addis in person For the v Respondent — 2020

At a preliminary hearing before Employment Judge Midgley, Mrs L Simmonds and Mr C Williams, the tribunal held that Mr Addis's unfair dismissal claim against Asda Stores Ltd was well founded and succeeded. It also found that the claimant would have been fairly dismissed on grounds of capability on 31 July 2019 if the respondent had adopted a fair process.

The tribunal upheld the claim that the claimant's dismissal was discrimination arising from disability. It found that the dismissal was unfavourable treatment and that it was caused by the claimant's sickness absence and inability to work with his managers, both of which arose from his disability. The tribunal found that the decision was not justified because the method adopted to secure the legitimate aim was not proportionate and was itself tainted by discrimination.

The claims of direct discrimination, indirect discrimination and victimisation were dismissed as not well founded. Remedy was not determined in this judgment: the hearing of the claimant's claims for compensation was adjourned to 6 March 2020 at the Bristol Employment Tribunal, with directions set in a separate order.