Mr M Chowdhury v Sparring Partners Limited (Trading as Gymbox and/or MOB45) — 2018

The tribunal found that Mr Chowdhury was disabled within section 6 Equality Act 2010 from 6 August 2018 onwards, based on the GP records, fit notes and the evidence of ongoing anxiety with depression and PTSD symptoms. It also found that Sparring Partners Ltd did not know, and could not reasonably have been expected to know, of the disability before 14 August 2018, when Mr Chowdhury told Mr Hanley that he had been diagnosed with PTSD. Before that date, the employer had been given different explanations for absences, so it had no reason to infer an underlying disability.

The tribunal rejected the factual basis of the discrimination complaints. It found that the 4 June and 24 August 2018 arguments with Ms Kamara were workplace disputes about management and conduct, not disability-related treatment, and that the 4 and 5 June meetings with Mr Hanley were held to record and respond to a complaint, with the minutes not inaccurate. The 18 June investigation meeting and the 4 July disciplinary hearing were found to be ordinary workplace processes; some of those allegations were out of time, but the tribunal declined to extend time and, in any event, found no discrimination.

For the later incidents, the tribunal found that the 11 August fire marshal training problem was an administrative mix-up that caused no financial loss, that Sarah Walton did not pressure Mr Chowdhury to resign on 3 October, and that Scott Vernon’s 4 October comments were about workplace conduct rather than disability. The 5 October meeting lasted as long as it did because Mr Chowdhury kept speaking, colleagues were not told by the employer the reasons for sickness absence, and the complaint about sales training was unrelated to disability. The direct discrimination, section 15 discrimination arising from disability, and harassment claims were all dismissed, and no remedy was awarded.