Mr L Gonzales v ContractAir Ltd — 2021

The claimant was employed as a Senior Recruitment Consultant from 8 May 2018 and was known by the respondent to be type 1 diabetic and of Spanish origin. A dispute arose after cleaners reported used needles in office bins. The tribunal found that the respondent obtained a quote for a sharps bin but that the reason one was not provided was that the claimant told Mr Price he would take the needles home and dispose of them there. The claimant later used a pot for needle disposal at work, and the tribunal found the failure to provide a sharps bin was not unreasonable and did not place him at the disadvantage alleged.

On the harassment allegations, the tribunal accepted that Mr Rockwood spoke to the claimant about needle disposal and later asked him to pick up a needle found on the floor of the men’s toilets, but it did not accept the claimant’s case that he had been publicly accused or abused about needles. It found that Mr Rockwood said, "I love the way you pronounce your surname," rather than mocking the claimant, and that the claimant did not regard the comment as harassment at the time. The tribunal also rejected the allegation that Mr Rockwood accused him of poor hygiene, and found that the claimant had not been excluded from the drinks meeting with the visiting Spanish colleague; Mr Rockwood had not heard the claimant say he could not attend on the Monday.

The dismissal claim arose from events on 13 and 14 September 2018, when the claimant reacted to the planned drinks event, sent messages suggesting he did not fit in, resigned, and then had a meeting with Mr Rockwood in which he raised his concerns. The tribunal accepted the respondent’s evidence that the true reason for dismissal was the claimant’s conduct during those events, which caused Mr Rockwood to lose confidence in him. It rejected the claimant’s case that the dismissal was because of disability or Spanish origin, and it also rejected the suggestion that low blood sugar explained the claimant’s conduct at the meeting.

The tribunal therefore dismissed the claims of direct discrimination, discrimination arising from disability, failure to make reasonable adjustments by providing a sharps bin, and harassment. No remedy was awarded.