M Mughal v London Underground Limited — 2021

The claimant worked for the respondent as a Customer Services Assistant during a probationary period. After an altercation with another employee, both employees were investigated and suspended. The claimant, who was still on probation, was dealt with through the probation review process, while the other employee, who had recently passed probation, was dealt with through the disciplinary process. The claimant was dismissed after a probation review meeting held in his absence.

The tribunal found that the respondent applied the policies and procedures as its managers understood them. It accepted that some steps could have been handled differently, including following up on an apprentice witness and considering an occupational health referral, but found no evidence that any treatment was because of the claimant's race or religion or belief. The different treatment of the claimant and the comparator was found to arise from their different employment status and the different procedures applied.

On disability, the tribunal found that by 16 December 2019 the claimant had a mental impairment of anxiety and depression, and that it had a substantial adverse effect on his ability to carry out normal day-to-day activities. However, during the relevant period from 8 December 2019 to 14 January 2020 the impairment had not lasted 12 months and was not likely to last at least 12 months or for the rest of his life. The disability discrimination claims were therefore dismissed because the claimant was not disabled within the statutory definition at the relevant time.