Case 2207325/2021 · Employment Tribunal
Mr P Tomison of Counsel. For the v Respondent — 2024
- Case reference
- 2207325/2021
- Decision date
- 9 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge P Klimov Tribunal
- Panel members
- M Ferry, J Marshall
Parties
1 namedClaimant
Mr P Tomison of Counsel. For the
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal recorded that the claimant's complaints of direct disability discrimination and discrimination arising from disability had been withdrawn and dismissed them under Rule 52. It found that the claimant did not have a disability within the meaning of s.6 Equality Act 2010 during the relevant period by reason of stress, anxiety, and depression, and dismissed the reasonable adjustments complaint.
The tribunal found the unfair dismissal complaint well-founded and stated that there was a zero percent chance that the claimant would have been fairly dismissed in any event. It also upheld specified victimisation complaints concerning detriments 16a, 16b, 16c, 16d, 16e, 16f, 16g(i), 16g(ii), and 16j, while dismissing the remaining victimisation complaints.
The judgment states that reasons were given orally and that written reasons had been requested. Remedy was not determined in this judgment and was listed to be decided at a remedies hearing on 1 and 3 July 2024 if not agreed earlier.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The complaints of direct disability discrimination under s.13 Equality Act 2010 and discrimination arising from disability under s.15 Equality Act 2010 were withdrawn by the claimant and dismissed pursuant to Rule 52. | Withdrawn | Disability | — |
| Disability discrimination | The tribunal found that the claimant did not have a disability within the meaning of s.6 Equality Act 2010 at the relevant period by reason of stress, anxiety, and depression, and that the respondent was not in breach of the duty to make reasonable adjustments under s.21 Equality Act 2010. | Dismissed | Disability | — |
| Victimisation | The tribunal upheld victimisation complaints for detriments 16a, 16b, 16c, 16d, 16e, 16f, 16g(i), 16g(ii), and 16j. The remaining victimisation complaints were dismissed. | Upheld | — | — |
| Unfair dismissal | The tribunal found the unfair dismissal complaint well-founded and stated there was a zero percent chance that the claimant would have been fairly dismissed in any event. | Upheld | — | — |
Legal tests applied
6 references- s.13 Equality Act 2010
- s.15 Equality Act 2010
- s.21 Equality Act 2010
- s.27 Equality Act 2010
- ss.94-98 Employment Rights Act 1996
- Rule 52 Employment Tribunals Rules of Procedure
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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