Case 1600180/2019 · Employment Tribunal
Mr. F. Velluto v Kimberley-Clark Limited — 2019
- Case reference
- 1600180/2019
- Decision date
- 19 December 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T. Vincent Ryan
- Panel members
- Mr. A. Fryer, Ms. C. Williams
Parties
2 namedClaimant
Mr. F. Velluto
Respondent
Key findings
Tribunal's reasoningThe tribunal at Mold, after hearings on 11-15 November 2019, found that the respondent had discriminated against the claimant by harassment related to disability on 17 October 2018. The conduct identified was a question put to him during a disciplinary hearing about why he was in work if his disabling condition, its symptoms or its management was that serious. The tribunal expressly recorded that the respondent had taken reasonable steps to try to prevent harassment occurring, but still held that this incident amounted to harassment.
The claimant was awarded £3,000 by way of damages for injury to feelings for that harassment finding. His direct discrimination claim was withdrawn by him and was recorded as dismissed upon withdrawal. His other disability discrimination allegations, including indirect discrimination, failure to make reasonable adjustments, and discrimination arising from disability, were dismissed.
The tribunal also dismissed the claimant's unfair dismissal claim. It found that he was fairly dismissed on 31 October 2018 for a reason related to his conduct. The remaining harassment allegations, beyond the single incident upheld in paragraph 1 of the judgment, were also dismissed.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | Disability-related harassment based on a question asked during the disciplinary hearing on 17 October 2018. | Upheld | Disability | £3,000 |
| Disability discrimination | Direct discrimination claim withdrawn by the claimant. | Withdrawn | Disability | — |
| Unfair dismissal | Dismissal on 31 October 2018 found fair and for a reason related to conduct. | Dismissed | — | — |
| Disability discrimination | Claims of indirect discrimination, failure to make reasonable adjustments, and discrimination arising from disability failed. | Dismissed | Disability | — |
| Harassment | Remaining harassment allegations failed. | Dismissed | Disability | — |
Remedy
Monetary award- Total award
- £3,000
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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