In person For the v Respondent — 2021

The claimant was employed by the respondent as a store leader in training. The tribunal recorded that he was disabled at the relevant times because of diabetes, and that the respondent had knowledge of that disability from October 2015.

The tribunal found that the respondent on occasion rotaed the claimant to work with fewer than three other staff. In the appendix, it concluded that this put him at a substantial disadvantage compared with non-disabled staff because he had to remain standing for long periods and do heavy lifting, which led to foot problems and increased stress levels. The tribunal noted that a fit note was issued by the claimant's GP for 25 June to 11 July 2016, and that in November 2016 the claimant emailed about being on duty with only one colleague on several occasions since March 2015.

The unanimous decision was that the claimant had been wrongfully dismissed, with 4 weeks' net notice pay due forthwith, and that holiday pay of £762.33 had not been paid and was payable forthwith. The tribunal also found that the respondent breached its duty to make reasonable adjustments. It identified potential adjustments as changing the rota so the claimant worked with at least three other members of staff, changing his shift, and/or considering alternative roles for him.

A separate remedy hearing was listed for 9 July 2021 to determine the appropriate remedy for the reasonable-adjustments finding. The written record states that reasons had been given orally and that written reasons would not otherwise be provided.