Case 1808202/2018 · Employment Tribunal
Simon Henry v EE Limited AT A HEARING — 2018
- Case reference
- 1808202/2018
- Decision date
- 17 December 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Members
- Venue
- Leeds
- Panel members
- Mrs J Maughan, Mr I Taylor
Parties
2 namedClaimant
Simon Henry
Respondent
Key findings
Tribunal's reasoningEmployment Judge Lancaster, sitting with Mrs J Maughan and Mr I Taylor at Leeds, held that Simon Henry was unfairly dismissed. The tribunal also upheld his disability discrimination claim for failure to make reasonable adjustments, finding that EE should have provided a paper method of assessment that would have removed the disadvantage caused by his inability physically to take part in the selection process for alternative employment by the prescribed methods.
The tribunal further held that the reasonable adjustments failure extended to the subsequent disadvantage arising when the claimant was not appointed to a suitable post where he was the only remaining candidate. It also upheld the claim that he was discriminated against because of something arising in consequence of disability, in respect of the respondent initiating the sickness absence policy, expressly invoking the possibility of sanction, and ultimately dismissing him.
All other complaints were dismissed. Remedy was not decided in this judgment and was adjourned to a later date to be fixed, with the parties directed to provide an update by 28 February 2019.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant was unfairly dismissed. | Upheld | — | — |
| Disability discrimination | The tribunal upheld the failure to make reasonable adjustments claim in relation to the allegation that the respondent did not provide a paper-based assessment method for the selection process for alternative employment, and the resulting disadvantage when the claimant was not appointed to a suitable post as the only remaining candidate. | Upheld | Disability | — |
| Disability discrimination | The tribunal upheld the claim of discrimination because of something arising in consequence of disability in relation to the respondent initiating the sickness absence policy, expressly invoking the possibility of sanction, and the claimant's dismissal. | Upheld | Disability | — |
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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