Mr K Hughes v Wilko Limited — 2024

The tribunal found that the claimant was constructively unfairly dismissed and that the respondent had wrongfully dismissed him and made unlawful deductions from wages by withholding Company Sick Pay. The claimant's complaints centred on a disciplinary process in September 2021 that led to a Final Written Warning in early October 2021, the subsequent withholding of CSP during sickness absence, and the handling of his appeal and grievance, in which decision-makers concluded that his absence had been taken in 'bad faith' or was 'premeditated'. The claimant relied on a 'final straw' in January 2022 when he learned the store at which he worked was to close.

All disability discrimination complaints failed. The s.15 claim, indirect discrimination claim and reasonable adjustments claim were dismissed because the tribunal was not persuaded the relevant disadvantage or unfavourable treatment arose from the claimant's disability. The harassment complaint was dismissed because the tribunal found the comments made about 'bad faith' and 'premeditated' conduct, although unwanted, were not 'related to' the claimant's disability within the meaning of s.26 Equality Act 2010 but rather reflected the decision-makers' (mistaken) belief that he was not genuinely ill. The discriminatory dismissal complaint fell away as a consequence.

No remedy figures were determined in this judgment. The respondent was in administration and the stay on proceedings under the Insolvency Act 1986 had been lifted only for the purpose of arriving at and issuing this liability judgment; the proceedings were re-stayed thereafter. The unpaid holiday pay complaint was withdrawn during oral submissions and dismissed upon withdrawal.