Mrs Dixon, lay representative v Respondent — 2021

Mr S Dixon, who is profoundly deaf and uses BSL as his primary language, brought a disability discrimination claim against Superior Machines Limited. The tribunal recorded a series of allegations spanning 2018 to 2020, including alleged verbal abuse and a hammer incident involving Mr Renshaw, the handling of complaints and grievances, a failed application for an experienced fitter post, counselling after a workplace accident, a hidden £20 note incident, a toilet incident, a text message of 30 August 2019 from Mr Martin Lovel, a victimisation allegation based on a 15 January 2020 agenda email, a pay allegation, and a reasonable-adjustments allegation about communicating in English.

The tribunal found that the only act of unlawful discrimination was Mr Lovel's text of 30 August 2019. It accepted that the text was a critical and hostile response to the claimant's request for a list of machine names, and that the request arose because BSL, rather than English, was his primary language. The tribunal held that the text amounted to discrimination arising from disability and that the respondent had failed to make reasonable adjustments in relation to that incident. It rejected direct discrimination and harassment in relation to the text. The tribunal also noted that the only unlawful act was within the three-month time limit, so limitation did not need to be decided.

The remaining allegations were dismissed. The tribunal rejected the Renshaw allegations, the grievance and complaint allegations, the counselling allegation, the £20 note incident, the toilet incident, the victimisation allegation, the pay-rate allegation, and the separate reasonable-adjustments allegation about requiring employees to communicate in English. The claimant sought compensation only; the tribunal rejected loss of earnings and psychiatric injury, awarded £4,000 for injury to feelings in the lower Vento band, and added £606.68 interest, making a total award of £4,606.68.