Mr G Eykyn v Bepton Hotels Limited — 2022

The Claimant, Mr G Eykyn, worked for Bepton Hotels Limited from 21 February 2020 until dismissal with effect from 19 August 2020. It was common ground that he was disabled for Equality Act purposes because of Type 1 diabetes, and the Respondent accepted knowledge of that disability. The tribunal applied the approach in Sheikholeslami and Hall to s.15 Equality Act 2010 and found that the Claimant's behaviour, particularly the incident on 28 July 2020, arose in consequence of his disability.

The tribunal preferred the Claimant's account of the 20 July and 24 July 2020 discussions in material respects, including that he explained the Continuous Glucose Monitor and that the meeting on 24 July was a general return-to-work discussion. It rejected, however, his case that he clearly asked for fixed regular breaks as a reasonable adjustment. The tribunal dismissed the harassment claim, finding that the 28 July exchange was a routine managerial reprimand in response to the Claimant's conduct and did not amount to conduct that violated his dignity or created a hostile environment.

On the s.15 claim, the tribunal held that dismissal was unfavourable treatment because of behaviour arising in consequence of disability. It rejected the Respondent's justification case, finding that the Respondent had not discussed the condition in detail, had not made formal follow-up enquiries, had not sought medical advice, had not used its own disciplinary procedure properly, and had not considered alternatives to dismissal. Remedy was assessed at £4,356.63 for loss of earnings, less £409.89 Universal Credit, and £18,000 for injury to feelings and personal injury taken together, with interest and a 20% ACAS uplift, producing a total award of £29,746.54. The tribunal also recommended that by 12 September 2022 the Respondent review and update its policy for disabled employees and its disciplinary and grievance procedures, and then apply them appropriately.