Mr K Vieru v Oxford Economics Ltd Heard: via CVP — 2020

Mr Vieru worked as an editor for Oxford Economics Ltd from 22 May 2017 until 14 February 2019. The tribunal identified two claims: automatic unfair dismissal connected with flexible working under s.104C ERA 1996, and direct disability discrimination by association under the Equality Act 2010 because the claimant's father had cancer. The tribunal, sitting with Employment Judge Wright and lay members Ms P Barratt and Ms N Styles, dismissed both claims.

On the flexible working claim, the tribunal found that the decision to terminate the claimant's employment had been taken in late November 2018, before the claimant's 3 December 2018 email about his father's diagnosis. It held that the email was not a statutory application under s.80F ERA 1996 because the claimant was seeking only a temporary arrangement, such as time off or working from Helsinki for a period, rather than a permanent change to his contractual terms. The tribunal also found, in the alternative, that the reference to flexible working was not the reason or principal reason for dismissal.

On the discrimination claim, the tribunal accepted that cancer is deemed to be a disability and that the claimant could rely on association with his father. It rejected the comparison with Carlos de Souza because he was seeking a permanent relocation to Switzerland and a move into consultancy, which was materially different from the claimant's temporary caring-related request. The tribunal accepted the respondent's non-discriminatory explanation that the dismissal decision pre-dated knowledge of the father's illness and found no reason to conclude the claimant was dismissed because of his father's cancer.

The tribunal made observations that the respondent followed no process, did not put concerns to the claimant, and did not treat him compassionately, but those observations did not change the outcome. Both claims were dismissed and no remedy was awarded.