Mr A Coulibaly v Menzies Aviation (UK) Limited — 2021

The first claim alleged disability discrimination said to arise from mimicking the Claimant because of his stammer. The Respondent disputed that he was disabled. The Tribunal considered the Claimant's impact statement, a speech and language therapy report, and the statutory definition of disability, and found that his stammer had more than a trivial adverse effect on day-to-day communication activities. It concluded that he was disabled by reason of his stammer at the material time.

The second claim alleged unfair dismissal following dismissal said by the Respondent to be by reason of redundancy. The Tribunal found that the second claim made no reference to discrimination and could not be read as alleging that discrimination played any part in the redundancy. It held that the first and second claims did not relate to the same matter for early conciliation purposes.

Because the Claimant had not obtained a further Acas Early Conciliation Certificate for the unfair dismissal claim, the Tribunal held that it had no jurisdiction to hear that claim and dismissed it. No remedy was awarded in this judgment.