Case 2206741/2021 · Employment Tribunal
Mr A Zia-Ud-din v HP INC UK Limited and 1 other — 2018
- Case reference
- 2206741/2021
- Decision date
- 1 October 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge E Burns
- Panel members
- Mr J Carroll, Mr P Secher
Parties
3 namedClaimant
Mr A Zia-Ud-din
Respondents
Key findings
Tribunal's reasoningThe claimant, a British Pakistani man who was disabled by reason of colitis, brought claims arising from his employment with HP Inc UK Limited and later Computacentre UK Limited. The tribunal recorded that his claims included constructive unfair dismissal, indirect disability discrimination, failure to make reasonable adjustments, direct race discrimination and harassment related to race.
The tribunal dismissed the discrimination claims. It found, among other matters, that the disability claims based on an alleged requirement to work from the office during the Covid pandemic were not made out, and it did not uphold the race discrimination or race-related harassment allegations concerning the alleged comments and client feedback.
The tribunal also dismissed the constructive dismissal claim. It considered each alleged breach of the implied term of trust and confidence and then considered the position overall, concluding that the claimant's resignation should stand as a resignation and that the respondent's suspension, disciplinary investigation and final written warning were justified and handled through fair processes.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal found that none of the alleged breaches amounted to a breach of trust and confidence and that the claimant's resignation should stand as a resignation. | Dismissed | — | — |
| Disability discrimination | Indirect disability discrimination claim based on an alleged PCP requiring office work during the Covid pandemic. | Dismissed | Disability | — |
| Disability discrimination | Failure to make reasonable adjustments claim based on the same alleged PCP and a proposed adjustment of allowing home working. | Dismissed | Disability | — |
| Race discrimination | Direct race discrimination claim concerning alleged comments including 'slopey shouldered' and being referred to as a virus. | Dismissed | Race | — |
| Harassment | Race-related harassment claim concerning alleged comments and alleged withholding of positive client feedback. | Dismissed | Race | — |
Legal tests applied
8 references- section 19 Equality Act 2010
- sections 20 and 21 Equality Act 2010
- section 13 Equality Act 2010
- section 26 Equality Act 2010
- section 123 Equality Act 2010
- section 95(1)(c) Employment Rights Act 1996
- Western Excavating v Sharp
- implied term of trust and confidence
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.
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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