Mr G Jones v Betsi Cadwaladr University Local Health Board — 2020

The claimant brought direct sex discrimination and disability discrimination claims arising from the respondent's handling of disciplinary and grievance processes after allegations were made by a colleague, A. For the purposes of the preliminary hearing only, the tribunal assumed that the claimant was disabled by reason of autism and a speech impediment.

The tribunal found that the claimant's central comparison was with A, but A was not in the same position as the claimant. A had raised serious allegations against him, while his allegations against A were different and were raised in response. The tribunal found that the relevant comparison was with a female or non-disabled employee in the same or similar circumstances as the claimant, including the same allegations and historical context.

The tribunal concluded that the claimant had no prospects of showing that he was treated less favourably than such a female or non-disabled comparator. It therefore struck out all of the claimant's sex and disability discrimination claims as having no reasonable prospects of success. No remedy was awarded.