Mrs Tracy Ann Elder as administrator on behalf of the estate of Matthew Elder v B&Q Limited — 2023

The Claimant was dismissed without notice after concerns about his conduct towards two colleagues, D and E. The Respondent accepted that he was disabled by depression and anxiety and knew of that disability. Allegations of failure to make reasonable adjustments and for other payments were withdrawn and dismissed at the Hearing.

On unfair dismissal, the Tribunal found that the dismissing manager genuinely believed the Claimant had continued to contact D and E despite repeated instructions not to do so, had made comments to E that could reasonably be interpreted as threatening, and had used derogatory language about E. The Tribunal found there were reasonable grounds for that belief and that the investigation was not made unreasonable by the matters criticised by the Claimant's representative.

The Tribunal found dismissal fell within the range of reasonable responses. It noted the support and warnings given to the Claimant, the effect of the conduct on workplace relationships and staff wellbeing, and the dismissing manager's conclusion that trust had been lost. It found other alleged flaws, including the wording of the disciplinary invitation letter, did not make the dismissal unreasonable.

On disability discrimination, the Tribunal found the suspension and dismissal were because of concerns about the Claimant's conduct. It held that the Claimant had not established that the conduct arose in consequence of his anxiety and depression. The discrimination arising from disability claims therefore failed and were dismissed.