Case 2306206/2023 · Employment Tribunal
G Hassell v Tesco Stores Ltd — 2025
- Case reference
- 2306206/2023
- Decision date
- 10 April 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rice-Birchall
- Panel members
- J Clewlow, S Townsend
Parties
2 namedClaimant
G Hassell
Respondent
Key findings
Tribunal's reasoningThe claimant, a Stock and Administration Manager, brought disability-related claims concerning the respondent's refusal to provide financial support for travel to and from work after a serious head injury, the handling of a grievance about that refusal, and the decision to hear multiple grievances together. The respondent conceded disability and knowledge in relation to the head injury, but not in relation to anxiety and depression.
The Tribunal found that the claimant had a mental impairment of stress, anxiety and/or depression which had lasted at least 12 months by May 2024, but that the respondent did not know and could not reasonably have been expected to know of a qualifying mental-health disability at the material times. The respondent knew of the disadvantage caused by the head injury in relation to driving and public transport, but the Tribunal found that financial assistance for taxis, including the approximately £200 per week sought, was not a reasonable adjustment in the circumstances. It noted that Access to Work was suggested and later provided travel assistance, and that the respondent had offered alternatives including working closer to home and lifts from colleagues.
The direct discrimination claims failed because the Tribunal found no less favourable treatment and no evidence from which it could conclude that the relevant decisions were because of disability. The harassment claims failed because, although some conduct was unwanted, it was not found to be related to disability and did not have the purpose or effect required by section 26. The reasonable adjustments claim also failed because the requested travel payments and separate grievance hearings were not found to be reasonable adjustments, and the Tribunal found no substantial disadvantage from hearing the grievances together.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Direct disability discrimination under Equality Act 2010 section 13 was dismissed. The allegation that Ms Dickason rejected the fourth grievance was withdrawn/acknowledged as mistaken during cross-examination, but the remaining direct discrimination allegations were adjudicated and dismissed. | Dismissed | Disability | — |
| Harassment | Harassment related to disability under Equality Act 2010 section 26 was dismissed. The allegation that Ms Dickason rejected the fourth grievance was withdrawn/acknowledged as mistaken, but the remaining harassment allegations were adjudicated and dismissed. | Dismissed | Disability | — |
| Disability discrimination | Failure to make reasonable adjustments under Equality Act 2010 sections 20 and 21 was dismissed. | Dismissed | Disability | — |
Legal tests applied
27 references- section 6 Equality Act 2010
- Schedule 1 Equality Act 2010
- section 123 Equality Act 2010
- section 13 Equality Act 2010
- section 20 Equality Act 2010
- section 21 Equality Act 2010
- Schedule 8 paragraph 20 Equality Act 2010
- section 136 Equality Act 2010
- section 26 Equality Act 2010
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Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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