Mr. N. Marouani v Royal Mail Group Limited — 2025

The claimant was employed as an LGV driver and had accepted disabilities including depression, anxiety, diverticulitis, OCD and PTSD. The tribunal found that the incident on 1 October 2021 arose after the claimant arrived late, declined to continue loading his vehicle and became distressed. It accepted that Mr Procter swore at the claimant, but found this was because of the refusal to perform the duty and was not related to disability. It also found the temporary suspension and refusal to let the claimant drive were not unreasonable in the circumstances.

The tribunal considered the ten matters relied on as breaches of the implied term of trust and confidence and as alleged harassment. It found that the claimant had chosen the relevant duty, had not been given extra work, had not been refused a medical assessment, had not been threatened with disciplinary action at the 2 October meeting, and was subject to fact-finding rather than a disciplinary process. It also found that the respondent did not ignore his complaint, that changes to the wording of allegations were reasonable, that he was not pressured to attend work before medical advice, and that correspondence followed occupational health advice.

For discrimination arising from disability, the tribunal found that inability to load large lorries in 30 minutes was not something arising from disability, and that the claimant's absence from work was not something arising from disability because he had refused occupational health referrals and stress risk assessments. It found the resignation was not prompted by anything arising from disability and was not unfavourable treatment by the respondent. On wages, it found the respondent was entitled under its policy to withhold contractual sick pay in the circumstances and that the claimant received statutory sick pay and all monies due.