Mr S Kelly v The Zoltar Group Ltd and 2 others — 2020

The tribunal proceeded under Rule 21 after the respondents failed to present a response, and it decided the case on the claimant's evidence, schedule of loss and witness statement. The second and third respondents' late responses were refused an extension. Employment Judge Ainscough found the claimant was a disabled person within section 6 Equality Act 2010.

The claimant worked as a trainee barista at Mangobean Coffee Shop in Oldham from 22 June 2019 to 27 November 2019, averaging 18 hours per week at £4.35 per hour. After he disclosed a progressive condition in early October 2019, his name was removed from the rota, he was told to prove that his condition could not be transmitted, and he was required to wear gloves and not handle food. The tribunal found that colleagues were told about his condition and warned not to share food, drink or cutlery with him, and that he was later told the first respondent was monitoring him and wanted a warning issued.

The tribunal held that the claimant had been subjected to direct disability discrimination under section 13, discrimination arising from disability under section 15, and harassment under section 26 of the Equality Act 2010. It found the removal from the rota was less favourable treatment and unfavourable treatment linked to mistaken assumptions about transmissibility, and that the comments and disclosures about his condition violated his dignity and created an intimidating, hostile, degrading, humiliating and offensive environment.

On remedy, the tribunal awarded £15,000 for injury to feelings, referring to the respondents' ignorant view of the disability, the removal of shifts, surveillance and threats of discipline, and the disclosure of the condition to colleagues with inaccurate health-and-safety warnings. It also awarded £1,880.15 for loss of wages, calculated from the claimant's wage loss to 12 May 2020 after credit for mitigation earnings and ongoing loss to 25 August 2020. Separate awards were made for £187.20 of accrued holiday pay under regulation 14 of the Working Time Regulations 1998 and £312 under section 38 of the Employment Act 2002 for failure to provide written terms of employment. The respondents were held jointly and severally liable.